موقف التشريع من الاضطرابات الفسيولوجية للمراة في تحديد مسؤوليتها الجزائية

Abstract

Studying a criminal phenomenon, including our study tagged "the position of legislation on the physiological disorders of women in determining their penal responsibility", requires standing at the dynamics of crime and the change that occurs to it according to time and place, in order to know the apparent places that explain the factors related to the circumstances to which they relate.

               In view of the seriousness of the psychological and physiological disorders that women suffer from during their life stages and the great impact these conditions and disorders have on the behavior of women, which may push them to commit crime, this study came to search for the position of the Iraqi penal legislation on these conditions that women go through.

               Women’s criminality is one of the dimensions of contemporary criminality in the world, and it has recently increased in both developed and developing countries as an indirect result of the gradual integration of women into a more extensive circle of activity in the fields of work and men’s competition. Despite the increased interest in women in the twentieth century, the problem of women Crime has not received such attention, except for some research, most of which are in Europe and the United States of America.

               And the fact that the criminal behavior of a woman, like any criminal behavior, is considered a departure from the rules and laws in force in society, and just as criminal behavior occurs from a man, it also occurs from a woman. However, crimes in women are marred by ambiguity that puts question marks around them, and in light of that the issue was addressed in two demands, We devoted the first requirement of it to clarifying the reflection of the formation of women in the context of excuses and mitigating circumstances, and we devoted the second requirement to clarifying the position of legislation on the impact of menstruation and postpartum in determining the penal responsibility of women.