) ‫أنموذج ( أ ) الخاص برسائل الماجستير و اطاريح الدكتوراة ( اخر شهادة‬
University of Baghdad
College Name
College of Administration and Economic
Department
Accounting
Full Name as written
in Passport
Nawal Tareq Ibraheem
e-mail
Career
Assistant Lecturer
√ Lecturer
Master
Thesis Title
Year
Assistant Professor
√
Crimesa that effect on freedomn of expressing thinking
2007
PhD
Professor
) ‫أنموذج ( أ ) الخاص برسائل الماجستير و اطاريح الدكتوراة ( اخر شهادة‬
Abstract
Abstract
The intellectual freedoms is from the most important freedoms which the
human needs in his life for connecting in spiritual sides which allow in forming his
opinions and thoughts in different issues these freedoms include, freedom of belief,
freedom of expression, freedom of mass communication and other freedoms,
which confronted many violations this harm adapted protection for it
constitutionally, so we have to research it legally and reach to most important
conclusions and suggestions to reduce harming it , so in the preface topic we search
the considered interest in crime and it was clear for us that there is only crime for
specific violation but crime compare for specific penalty when this violation
happened because this crime as we previously researched is maximum degree of
protection which legislator added on specific kind of it, where Justification for
legislator interference is existence of interest found worthy of legal protection.
But we should refer to that legislator achieve balance between values
and public interest and between rights and single freedoms because this
conflict is from the most important contemporary crime political problems ,
where balance between values and interest which legislator hope to achieve
his aim in practicing freedoms in a condition of not harming others freedoms,
and as we in the field of searching crimes that harm freedom of intellectual
expression it is clear for us that law of crime is specialized in protection of
social interest without single one which not confront only if included a social
interest. Where law of crime doesn’t protect frankly freedom of expression
because there is no frank in its texts and it protect interest which the
constitutional regime decided like protection of political entity as protecting
some rights which the constitution text as freedom of intellect and freedom of
belief (subject of our research ) and actions that harm these rights.
It is clear for us that protected interest according to study , is
immaterial interest that represented in ( freedom of intellect) which
document and International advertisements refer to it also we don’t deny role
of constitutions in reference to it , and as the human enjoys material and
immaterial entity couldn’t be separated from them so violation on material
entity of human followed by necessity in his immaterial entity , and as the
human is a member in the society and any harm with this member is harm in
society as all so base of crime in this case is harm in fundamental that
represented in stability of society and its maintenance which is basic of social
existence as all also we had found that when we search in the identification of
freedom that it is varied from one society to another and we don’t miss the
role of Islamic legislation which made a big stage in the field of freedoms
which not followed by other regimes where it influenced largely in reforming
member then reforming society through principles which this legislation came
with and distinguish by accuracy and through harmonizing between freedom
of member and freedom of society which he lives in , and we don’t forget
mentioning that this freedom which the legislation came with is discipline and
responsible for its aim and not harming in rights and freedoms of others and
practice according to discipline and restrictions made it aimed freedom , and
we refer to documents and advertisements which called for freedom of
expression which derived its rules from legislation which proceed in the field
of protecting human thinking and freedom of expression of this thinking
through motivating Islam on consultation in all related in religious and
materials affairs where consultation with lighted minds in the society aiming
to maintain good morals which the Messenger Mohammed
( prayers
‫أنموذج ( أ ) الخاص برسائل الماجستير و اطاريح الدكتوراة ( اخر شهادة )‬