abstract
Electoral Propaganda Crimes in the Iraqi Law
(Comparative Study)
Societies endeavour to attain democracy not due to the fact that itisan end by itself but to the pact that it is a tool through we can build civil society institutions on the basis of the legality that relies on the popular content. The cannot be achieved unless political freedoms are recognized and gnaranteed equally to all citizens.
Among the most mportant freedoms and political rights is the right of election which comes first in the list of the political rights. The political develop rant of any political regime is connected to the existence to elections based on multiplicity and sound competition. Hence, the electoral protection for its various stages, one of the stages is the elementary stage which regards the electoral propaganda as one of its indivisible pat.
Therefore the existence of aminute and acomprehensine legal organization of the subjcctal electoral propaganda in its criminal aspect is of the utmost importance for the influenuit has on offering the criminal protecfion at this stage and that would limit the number of the crimes committed during the period at the electoral propage. The legislator, therefore, tries to criminalize all actions that hone some connections with the rights of the contestant candidates or the political parties or entities.
The most important of these conditions is the one that is related to, the location of the places of starting the electoral propaganda and the allocated time for practicing this propaganda. The financial aspect, in its two purts fmancing and expenditure, forms yreal importance in the stage of electoral publicity, because money plays a vital role on affecting the will to electors.
Most of electoral legislations tried to frame this stage with legal rules that organize the mechanism of its practice through specifying the electoral publicity means and keeping impartial during this period also putting an end to the crimes of the electoral bribery and the violence or threat that some candidates may resort to during the period of electoral publicity.
The problem of the reseal lies in the importance the electoral since it is basic pillar for maintaining the integrity and credibility of the electoral process. The essential controversy centers arounel the nature of the electoral propaganda crimes and whether these crimes of special type and uhether they need special measures.
For the purpose of limiting all this, we didn’t on one mcthoel but we tried to me more than one to cover the subject with all its deafened aspects. We wed the comparative and analytical type. The type dominates the crime and electoral propage and analyses it and works out the components of any crime and in comparison to the French and Egyptian legislation, and other electoral legislation, ay required by the research wheuncessang. In the and we penitent the most impotent conclusions and suggestions that we had come up with.
And to complete the subject with its Varian side, we deviled the research into an electoral and there chapters. In the electoral on me pointed out the emergence of the electoral propaganda we annotated the first chapter to what the electoral propaganda crime are. In the second we dealt with the legal rule of the electoral propaganda crimes. The chapter decal with the applications of the electoral propaganda crimes.
