أثر عذر االستفزاز في الحكم الجنائي

الملخص

It should be noted that the excuse of provocation is that the effect of
provocation on the criminal penalty is that it affects the original and
auxiliary punishment without complementary، and it has no effect on
the precautionary measures when they are fulfilled، which is the
criminal risk، meaning that the provocation does not remove the
criminal character of the act he commits The provocateur، and that
the excuse of provocation finds a response and application in punitive
legislation، including the Iraqi Penal Code، which considered the
excuse of provocation as a general excuse that applies to all crimes if
its conditions are met، while we find some legislation، including the
Egyptian and Emirati penal code، which made it a special excuse for
certain crimes only and does not apply Its effect on others، and the
Federal Court of Cassation in Iraq، as the highest judicial authority،
exercises control over whether or not the excuse for provocation is
available in the incident under scrutiny to verify the extent to which
the trial court has reached the proper and fair application of the
excuse for provocation in its criminal judgment under consideration
by the Court of Cassation Federal