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Author: Dr. Imad Fattah Ismaeil
Abstract: There is no doubt that the criminal protection of hospitals and medical staff means the criminalization of any abuse that aims to sabotage the buildings and devices allocated to public and private health institutions, and deprive the doctors of their lives, freedom and physical integrity and determine the appropriate punishment, which must be commensurate with the severity of the crime that disrupts health services Which are offered to individuals in the community. Where the provisions contained in the laws, including the law for the protection of Iraqi doctors, which provides for the protection of doctors in public and private health institutions without addressing the protection of non-medical staff in private hospitals, on the other hand did not provide the Iraqi legislator severe punishment to prevent these attacks, The situation of states that did not refer to a special law on the criminal protection of health institutions in general, but in turn due to the general rules in the Penal Code. In this regard, it is necessary for the Iraqi legislator to impose severe penalties against the aggressors on hospitals and medical staff to enable the provision of health services to individuals in society.
Since this issue is one of the topics that has not been addressed by the majority of criminal legislations, which in some countries is causing doctors to flee and the lack of health supplies for individuals. On the other hand, some of the attacks are not subject to the Iraqi Doctors Protection Law No. 26, 2013. Thus, we refer to the Iraqi Penal Code No. 111 of 1969, which included some of the articles that apply to the perpetrators in the event of committing the offense of disabling public facilities or burning a facility Which provide services in the community, and then we have a legal problem, which is the presence of some of the workers in hospitals did not confer on them the Iraqi legislator necessary criminal protection in the event of exposure to any abuse from others. We therefore proposed to the Iraqi legislator to tighten the penalty for these cases and to expand the scope of criminal protection of hospitals and medical staff, and to include severe penalties that are deterrent to what is required.
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doi:10.23918/ilic2018.17
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(1): Special Issue