The crime of benefiting from the general function and the criminal responsibility thereof

Abstract

Through this research, we have touched upon the crime of benefiting from the public duties committed by an official or anyone responsible of performance a public service. So, this issue is considered as one of the most important issues in current times, this is due to the widespread of financial and administrative corruption to a great range within the state departments in Iraq and the Kurdistan region. The main reasons behind predominance of such corruption are Legislative, political, administrative and economic. Also this criminal phenomenon has become an ordinary practice among employees and public service holders; this is despite the incompatibility of this behavior with the penal Code in force. Whenever the public servants have used their position to obtain benefit for themselves or to others without having the right to do so, there would be an assured crime.

This crime is considered to be an offence against the integrity, honesty and impartiality of the public service, as it threatens its confidence among citizens. On these bases, the Iraqi legislator has criminalized the conduct of the public service pursuant to article 319 of the Iraqi Penal Code No. 111 of 1969.