Subjectivity of a Crime; Aggravating Circumstances

Abstract

      The crime of promoting crime is considered a preventative crime, criminalized by the Iraqi legislator in Article (213) of the Penal Code, due to the danger it poses to public order and societal awareness. It involves portraying criminal acts as acceptable or legitimate through public means, thereby weakening general deterrence. This crime is committed as soon as the act of promoting the crime occurs, without requiring the commission of the crime itself. The legislator deliberately left the concept of promoting the crime without a rigid definition to allow for flexibility in its application, thus achieving a balance between:

Protecting public order and guaranteeing freedom of expression