الإخلال في تنفيذ عقد - نحو سياسة جزائية في العراق

Abstract

This research concluded that the Iraqi legislator did not stipulate in the general penal code or the specific penal texts the criminalization and punishment of the act of breaching the implementation of a contract or cheating in its implementation, which prompted us to propose a draft text that would be located in the Penal Code, and the draft stipulates the following: ( 1. Anyone who intentionally fails to perform a contract without a legitimate excuse shall be punished by imprisonment for a period of no less than one year and not exceeding three years, and a fine of no less than two million dinars and not more than five million dinars, or one of these two penalties. A period of not less than three years, and a fine of not less than three million dinars and not more than seven million dinars, or one of these two penalties if the presenter receives an amount for the execution of a contract. 4. The previous provisions apply, as the case may be, to subcontractors, agents, and mediators if the breach of execution or fraud is due to their actions). The breach of a contract or fraud in its implementation shall be included in the Penal Code.

This research has contributed to answering the questions we mentioned in it, and comes at the forefront of these questions, is the breach of the implementation of a contract included in the Iraqi Penal Code? To answer this question, we will divide this research into two chapters and a conclusion.