Research 12 ILIC 2019

Abstract:  Despite the enormous advantages of the Internet in various fields of contemporary life, this growing technological revolution has been accompanied by serious negative consequences as a result of the use of this poorly developed technology and the deviation from its intended purposes, which led to the spread of a range of new crimes, including Internet defamation , Since online defamation is very dangerous because it is committed in an electronic theater and an empty field that is completely different from the traditional scene in which the crime is committed, where it is investigated, controlled and proven by the traditional means of investigation. Procedures formulated to control and prove crimes committed in a tangible physical world.
It was therefore necessary to search for appropriate solutions to these problems in line with the nature of these crimes in relation to the initiation of certain procedures of investigation and trial in this type of crime.
The substantive rules decided by the legislator in the Penal Code to protect the individual from the attacks on his reputation need procedural rules that move them from theoretical to practical space. In other words, if the libel is committed, the investigative procedures must be taken to identify the offender and submit him to the competent court to implement the provisions of the Penal Code And the implementation of the penalty prescribed for the crime committed, and in a specific manner, but with regard to the substantive aspects that we are in the process of investigating, whether the defamation committed through the Internet applies to the same procedures, or it has a specificity distinguish them from the offense of slander and slander T stipulated by the Penal Code.
The importance of the study comes through discussing the procedural problems related to crimes committed through the Internet, especially defamation, and linking them to the legal concepts contained in the Iraqi Criminal Procedure Law relating to the initiation of the case, the preliminary investigation and the trial.
The problem of the study is centered on answering the following questions:
1-Is defamation committed through the Internet the same as those mentioned in the Code of Trials, or does it have specificity that distinguishes it from the offense of slander and slander provided for in the Penal Code?
2- The Court competent to deal with this type of crime?
For the purpose of taking note of the subject in all its aspects, our study of this subject required that we address it in two subjects,
The first is on the procedural problems in the field of criminal action; in two cases, the first is devoted to those who have the right to initiate a criminal action in libel committed through the Internet, or in the second we refer to the parties that move the criminal case before it in defamation committed through the Internet. In the second section, we may discuss the procedural problems of defaming the perpetrator through the Internet in the preliminary investigation and trial stages. In the first, we discuss the procedural problems of defamation through the Internet in the preliminary investigation stage. In the second we discuss the procedural problems of defamation through the Internet at the trial stage, We discussed a number of conclusions and recommendations.