The Mental Element of The Crime of Fault in The Performance of The Official Jobs: Article (341) of The Iraqi Law

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Wajdi Sabah Mahmood, et. al.


Faulty execution of official duties is regarded as one of the main offences that endangers elected authorities, a well-ordered public regulation, and utility that causes harm to public property and public interests. Since it is done by an individual who is performing an official work, this offence is committed by one of the workers violating the boundaries of their employment. This is enshrined in Iraqi penalty Law No. 111 of 1969 in article 341 and is deemed one of the financial and administrative corruption offences stipulated in the honesty Commission Act No. 30 of 2011 due to its extreme and significant danger and leaving traces and impacts. The consequences of this major crime and its effect on the state and community is expressed in the legal, democratic, administrative, fiscal, and social structures of the state. It is described as accidental offenses committed without criminal purpose. In this form of crime, neither initiating nor participating is possible, but both of the perpetrators are simple owners. In certain ways, this offence is analogous to the crime of willful injury to public property and interests, in addition to all other general criteria for any crime.

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