أثر الغيبوبة الناشئة عن التناول الاضطراري للعقاقير المخدرة في تحقق المسؤولية الجنائية في التشريع العراقي

أثر الغيبوبة الناشئة عن التناول الاضطراري للعقاقير المخدرة في تحقق المسؤولية الجنائية في التشريع العراقي

م.م. حيدر عصام عباس

مشاور قانوني / وزارة التربية / مديرية الشؤون القانونية

ABSTRACT

The Iraqi legislator did not consider crimes committed by a mentally ill person or a psychological patient who takes his medication under duress as an impediment to criminal liability, as the Iraqi Penal Code No. 111 of 1969, as amended, in the first chapter of the fourth section, specified the provisions of criminal liability and also specified its impediments. It indicated in the text of Article (60) that no one who, at the time of committing the crime, was incapable of comprehension or will due to insanity or mental disability or due to a state of drunkenness or intoxication resulting from intoxicating or narcotic substances shall be held criminally liable, provided that they were given to him by force or without his knowledge. However, the legislator set a reduced sentence for the perpetrator of the crime while he was under the influence of drugs that caused him to have a weakness in comprehension or will, as proven by science, without referring to someone who takes medications that cause loss of will or comprehension due to a specific illness, and that there is no justification for considering this an impediment to criminal liability due to the lack of the two conditions stipulated in Article (60/Penalties), and that he will face the penalty. The penalty for his criminal act, even if the legislator considered it a mitigating excuse.