أحكام جريمة الترويج لسلعة أو خدمة غير مستوفية للمواصفات القياسية المعتمدة

Abstract

The

 crime of promotion of a goods or service that doesn’t  match the accredited standards is considered one of the commercial cheating crimes that pose a threaten to the consumer representing in harming him and his benefits and undermines the confidence for the consumer toward the goods and services that he deals with which in turn will affect negatively on the economy of the countries, by the supplier or advertiser providing the consumer with goods and services that do not meet the approved standard specifications locally or internationally by promoting them through the media, publishing and advertising, including visual media such as television, audio media such as radio and print media such as newspapers and magazines, so the penal legislator has put in place punitive texts for every perpetrator. Therefore, in this research, we will try to solve the problem of the inadequacy of the penal and procedural texts that were enacted to address the crime was mentioned in our research. We will also try to fix the problems that Iraqi criminal courts encounter and solve the inadequacy of the prescribed penalties that affect its perpetrators. The text of the crime was mentioned in the Iraqi Consumer Protection Law No. (1) of 2010 . Hence,  this law will be relied on as a legal basis to criminalize the promotion of a goods or service that does not meet the approved standard specifications, as it stated in article 7/fifth the following: (The supplier and advertiser are obligated to do the following: Not to promote by any means of media, publication and advertising the commodity or service that does not meet the approved local and international standard specifications) and the crime of violating it is included in the penalties in chapter six of this law in article 10/second (Whoever violates the provisions of articles 7/8 shall be punished by imprisonment for a period not exceeding 3 months or a fine not exceeding 1,000,000 million dinars or both). We will compare the position of our legislator on the crime in question with the positions of comparative legislation  in both Bahrain and Lebanon, as they include legal provisions related to the crime in this research.