The Criminal Result and Its Role in Determining the Criminal Penalty Under Iraqi Criminal Legislation – A Comparative Study

Abstract

This research examines the subject of the criminal result and its role within the framework of determining the criminal penalty, as one of the essential elements in the legal structure of the material element of the crime. The criminal result is not limited to being merely a physical consequence of criminal conduct; rather, it goes beyond that to serve as a decisive criterion in assessing the gravity of the crime and determining the appropriate punishment for it. Criminal law does not content itself with considering criminal conduct in isolation from its consequences; rather, it attaches great importance to them due to the legal and material effects arising therefrom, whether those effects relate to a person's life, security, or property. Furthermore, the criminal result is an effective tool for classifying crimes into felonies, misdemeanors, or violations, which directly reflects on the type and severity of the punishment. Additionally, aggravating circumstances surrounding the criminal result, such as the number of victims or the extent and magnitude of the harm, play a role in increasing the severity of the punishment. The research has demonstrated how the Iraqi legislator relies on the criminal result as a criterion for determining the punishment, through legal texts that link the gravity of the result to the severity of the punishment, reflecting a penal philosophy that seeks to achieve justice and general deterrence. Finally, the research concludes that a precise understanding of the criminal result contributes to the application of criminal law in a more just and effective manner, and grants the judge a wider discretion in assessing the punishment according to the circumstances of each individual case.