Abstract

Drug crimes are among the serious crimes that the Iraqi legislator dealt with in a special law, which is the Narcotic Drugs and Psychotropic Substances Law No. (50) of 2017, due to the significant spread of this type of crime in Iraq. The legislator has criminalized several forms of these crimes, such as cultivation, possession, and abuse, and the last crime is considered a crime. Abuse of drugs and psychotropic substances is the most common crime, especially among young people. Therefore, the Iraqi legislator has kept pace with scientific and legislative development to combat the spread of abuse of drugs and psychotropic substances locally and internationally in the latest law. We found that the Iraqi legislator has reduced the penalty for the crime of abuse of drugs and psychotropic substances in the applicable law, making it a misdemeanor, while The repealed Drug Law No. (68) of 1965 considered it a felony. In the new law, the legislator came with a new text that was not present in the repealed law, as it stipulated in Article (40) of this law that: “First: A criminal case shall not be brought against anyone who is an abuser of narcotic substances or psychotropic substances, on his own initiative, for treatment in the hospital specialized in treating them.” Addicts... Fourth: When the patient does not adhere to the treatment program at the health institution, the competent court will notify this to take legal measures against him.” Thus, the legislator prohibited the filing of a criminal lawsuit against those who apply of their own accord for treatment in health institutions, and so did the Egyptian legislator when he stipulated: This is in Article (37 bis/a) of the Anti-Narcotics Law No. (182) of 1966, as amended. Jurisprudence has differed in determining the legal nature of this procedure in several directions. Some considered it a type of reconciliation, while others considered it a type of remedial measures, and others considered it a procedural restriction. We have proposed an amendment. The text of Article (40) of the Narcotics Law allows the offender’s spouse, ascendants and descendants to submit a request for treatment.