The impact of custom on criminal policy: A comparative study

Volume 21 , Issue 1 , July 2025 , Pages 555-578

Authors

نەوزاد احمد ياسين الشواني 1 ; كشاو معروف سيده 1

1 جامعة كركوك كلية القانون والعلوم السياسية

DOI logo 10.17656/jzsb.11011

Keywords

Abstract

We found that the legislator in the Iraqi Penal Code No. 111 of 1969 amended some of the acts
that do not fit with what prevails in society with In the crime of crimes of honor and honor, custom
has an effect in directing the legislator to criminalize acts of honor and consideration, any act that
leads to breach of honor and consideration according to custom is a crime punishable by the Iraqi
legislator and comparative legislation and reference in the prevailing customs in the social media To
which the victim belongs.
If we turn to crimes against morality and public morality, we find that the position of the policy of
criminalization of crimes against morality in our society governed by the necessities imposed by the
nature of society and norms prevailing in society in addition to its objectives and reasons for survival,
legislator criminalizes acts that affect the values of society and customs and philosophyOn the basis
of which, balancing between what should be protected and what should not be driven by virtue to
support the positive values. 

References

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  • First online14 July 2025
  • Published at14 July 2025

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