The moral 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, Dr. Mahdi Khaqani Esfahani, Dr. Majid Ghurchibeygei


Fault in the official jobs' performance is considered one of the major crimes that threaten public officials, a well-ordered public law and utility that cause damage to public property and public interests. This crime is one of the employees exceeding the limits of their jobs because it is committed by an employee who is doing an official job. This has been enshrined in the Iraqi punishment Law No. 111 of 1969 in article no. 341 and has been considered one of the financial and administrative corruption crimes stipulated in the integrity Commission Act no. 30 of 2011 for its serious and important danger and leave traces and impacts. The effects of this serious crime and its impact on the state and society's effects reflected on the state's legal, political, administrative, economic, and social systems. It is characterized as unintentional crimes which are done without criminal intent. Initiation nor participation cannot be fulfilled in this type of crime but considering all the doers are basic shareholders. This crime is similar to the crime of willful damage of the public property and interests in many aspects in addition to all other common conditions for any crime. 

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