The college of Law at the University of Baghdad discussed a master’s thesis in the Criminal Law by the student (Athraa Kadhim Miftah), titled “The Crime of Prescribing Narcotic Substances for Non-Medical Purposes – A Comparative Study,” on Thursday, January 30, 2025, in the Leadership Hall at the college.
The thesis aimed to outline the legal regulation of the crime of prescribing narcotic substances for non-medical purposes in Iraqi, Egyptian, Jordanian, and French legislation. The thesis focused on emphasizing the importance of the legitimate medical use of narcotic substances and the risks involved when these substances are misused for trafficking or other illegal purposes. It called for additional restrictions and regulations surrounding this usage, such as ensuring the medical necessity of narcotic substances for treatment, which should be documented with medical reports and tests. Additionally, prescriptions for these substances should be issued using a special prescription form, distinct from regular medical prescriptions.
The thesis included two chapters: the first chapter dealt with the nature of the crime of prescribing narcotic substances for non-medical purposes, while the second chapter discussed the legal framework of this crime.
The thesis concluded with several recommendations, the most important of which were:
- The Iraqi legislator should amend Article (31) of the Narcotics and Psychotropic Substances Law No. (50) of 2017 by replacing the word “giving” with “issuing,” as the act of giving is a more advanced stage than simply issuing a prescription.
- The Iraqi legislator should reconsider the penalty for this crime, which currently involves imprisonment for no less than six months or a fine ranging from (3,000,000) dinars to (5,000,000) dinars, with the aim of increasing the penalty in line with comparative legislations that have imposed stricter punishments for doctors’ actions.
- The Iraqi legislator should amend the existing Narcotics and Psychotropic Substances Law to include a new provision that mandates narcotic prescriptions be issued on a specific form, different from regular prescriptions, to ensure proper control over their use.
