The college of Law at the University of Baghdad discussed a doctoral dissertation titled “Joint Fault and Its Impact on Criminalization and Punishment – A Comparative Study with Islamic Jurisprudence,” submitted by the student Mayada Faraj Faleeh from the Criminal Law Department, on Sunday, September 7, 2025, in the Model Courtroom.

The examination committee consisted of the following professors:

  1. Prof. Dr. Firas Abdul Munem Abdullah – Chairman

  2. Prof. Dr. Baraa Mundher Kamal – Member

  3. Prof. Dr. Nawal Tareq Ibrahim – Member

  4. Prof. Dr. Alaa Nasser Hussein – Member

  5. Asst. Prof. Dr. Samer Saadoun Abboud – Member

  6. Prof. Dr. Kazem Abdullah Hussein – Member and Supervisor

Aim of the Dissertation:

The dissertation aimed to explore the concept and nature of joint fault, including its overlap with the fault of the victim, under modern criminal policy in the field of criminalization and punishment. It sought to determine the victim’s share in committing the criminal act through behavior, the severity of the crime and the criminal according to the facts presented before the criminal court, and to analyze the legal classification of these crimes based on all the elements of the crime.

Structure of the Dissertation:

The dissertation included three chapters:

  • Chapter One: The essence of joint fault

  • Chapter Two: The impact of joint fault on criminalization

  • Chapter Three: The impact of joint fault on punishment, including civil and administrative penalties

  • Key Recommendations:

  1. The Iraqi legislator should establish that if the victim had no role whatsoever in the occurrence of the crime, full responsibility lies with the perpetrator. However, if the victim’s involvement contributed to the criminal result and that contribution is total, then the victim alone is responsible for the criminal result, regardless of any act by the perpetrator that had no effect on the criminal outcome.

  2. The Iraqi legislator should only allow one fault to override another in two cases:

    • First, when the victim’s fault is so severe that the perpetrator’s fault is virtually negligible.

    • Second, when the victim is at fault in such a way; otherwise, the material attribution remains with the perpetrator.

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