Criminal penal liability for claiming disability according to the Special Needs Care Act - Analytical study

Authors

  • أستاذ مساعد دكتور عقيل عزيز عوده Author

DOI:

https://doi.org/10.61279/bqmqs621

Keywords:

law

Abstract

 This research tagged with (the penal responsibility for claiming disability
according to the Welfare of Persons with Disabilities and Special Needs Law No.
38 of 2013 - an analytical study) deals with an important topic related to the claim
of disability or the need for special care which is one of the innovations in the
criminalization policy pursued by the Iraqi legislator in the Welfare Law People
with Disabilities and Special Needs No. 38 of 2013 within the framework of Article
(21) of it which punishes anyone who claims contrary to the truth that he has
a disability or that he needs special care and as a result obtained an exemption
facilitation privilege or grant from what was stipulated in the The law stipulates
a penalty of imprisonment for a period of no less than (6 PRQWKVRUDÀQHRIQR
less than (500000 ÀYHKXQGUHGWKRXVDQGGLQDUV or both penalties together with
the obligation to recover all amounts and privileges granted to him contrary to the
law. This is something that counts for the legislator in order to deter all those who
claim disability by deception obliterating reality false statements and contributing
to misleading the law with the aim of obtaining the privileges approved by the
law for this important segment of society. We have dealt with the subject of the
research according to a plan consisting of two demands. We have devoted the
ÀUVWUHTXLUHPHQWWRGLVFXVVLQJWKHFRQFHSWRISHRSOHZLWKGLVDELOLWLHVDQGVSHFLDO
needs while the second requirement dealt with the elements of crime and its
penal effects to conclude our research with a conclusion that includes the most
LPSRUWDQWÀQGLQJVRIWKHUHVHDUFKLQWHUPVRIUHVXOWVDQGVXJJHVWLRQVWKDWZHKRSH
the legislator will listen to and from that we recommend By tightening the prison

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Published

11-09-2023

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