The Legal Structure of the Crime of Discrimination

Abstract

The crime of discrimination has become the focus of attention in contemporary criminal legislation, and its criminalization has a crucial role in modern criminal code. The need to criminalize discrimination is imperative at the various social levels to protect and embodiment of the equality doctrine. There is no doubt that there is an incriminating need for legislative action against this crime. There is no objection to using comparative law to supplement this legislative deficiency in the Iraqi Penal Code, especially if we are aware of the discrimination that is still a negative social situation in Iraqi and Kurdish society at various levels. Many people are prevented of their entitlements, and   others are prioritized in getting advantages because of their party, ethnic, religious, or political affiliations. Accordingly, this research determines the parameters of this crime and indicates the components in the hope that this research will constitute a context for future criminalization in our criminal legislation.