The Means and Its Place in The Crime: A Comparative Analytical Study

Abstract

Basically, the Iraqi legislator does not consider the means used in the crime, but sometimes he has violated that basis, and has given the means an important role in criminalization and punishment, just as in some crimes the effect of the means used is focused on criminalizing the act, and in this case the means is considered within the components of the legal model for a number of Crimes, which are the so-called crimes with limited means, and as such, their failure leads to non-criminalization of behavior according to that legal model, as stated in the crimes of fraud and fish poisoning...

In some other crimes, the effect of the means is focused on the severity of the punishment, as the action that the perpetrator performs is considered a criminal regardless of his means, but the use of some specific and different means leads to the severity of the punishment for that act, as is the case in the crime of premeditated murder and theft.

  On the other hand, there are new methods due to technological developments, such as computers, the World Wide Web, and social media, and these methods have negative repercussions due to the illegal use of this technology, and they are important, effective, and influential means in the hands of criminals to achieve their criminal goals. The Iraqi legislator did not regulate these means appropriately, not in law Iraqi penalties and complementary penal laws. In this way, the use of ancient and modern means in crime will be the subject of our research.