The College of Law at the University of Baghdad discussed a PHD thesis in the branch of criminal law by the student (Hanaa Abdul Aziz Jabr), entitled “Rationality and its Impact on Criminalization and Punishment,” on Monday, October 30, 2023, in the Model Court Hall.
The thesis aims to uncover the relationship between rationality as a philosophical concept deeply rooted in civilization and human culture, and criminal law as a tool for organizing and protecting essential interests. It also highlights the importance of the rational approach in criminal law, as it is one of the most important approaches that demonstrate legal construction and its relationship with other sciences and social reality.
The thesis included three chapters. The first chapter discussed the role of reason in criminal legislation in general, while the second chapter addressed the manifestations of the impact of rationality on criminalization. The third chapter focused on the manifestations of the impact of rationality on punishment.
The thesis concluded with several recommendations, the most important of which is urging the Iraqi legislator to adopt the rationality approach in the legislation, especially criminal legislation, based on its principles, which include the principle of non-contradiction. It also suggested amending Article (390) of the effective Iraqi Penal Code, which exempts an eight-year-old beggar from criminal responsibility if they do not have a legitimate source of livelihood.
