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Iraqi Penal Code No. 111 of 1969 (selected provisions related to women) – Part 2: Offences against the Public Welfare – Chapter 8: Social Offences – Section 5:Offences involving adoption, the care of minors, endangering the young or old and the desertion of the family

Section 5: Offences involving adoption, the care of minors, endangering the  young or old and the desertion of the family

Paragraph 381

Any person who removes a new born child from whomever has legal authority over such child or conceals it or substitutes it for another or falsely attributes it to another mother is punishable by detention.

Paragraph 382

(1) Any person who is responsible for a child and who is requested to hand over the child by a person who has a right to do so in accordance with a decision or judgment issued by a legal authority in connection with the upbringing or care of that child and who does not hand over the child to him is punishable by a period of detention not exceeding 1 year or by a fine not exceeding 100 dinars. The provision still applies if the person responsible for the child is a parent or grandparent.

(2) The same penalty applies to any parent or grandparent who takes by himself or with the help of another his own young child or grandchild from any person with whom the responsibility of the upbringing or care of the child has been placed even though he does so without cunning or malice.

Paragraph 383

(1) Any person who by himself or through another endangers a child under 15 years of age or person who is unable to defend himself by reason of his state of health or mental or psychological condition is punishable by a period of detention not exceeding 3 years or by a fine not exceeding 300 dinars.

(2) The penalty will be detention if the offence involves the desertion of a child or old person in an isolated place or if it is committed by a parent of the victim or by a person who is responsible for the upbringing or care of such child or old person. If the offence results in the victim’s disability or death without the offender intending such result, the offender is, according to the circumstances, punishable by the penalty prescribed for the offence of assault leading to disability or death. The same penalty applies if the child or old person is endangered by being wilfully deprived of the food or care that his condition requires notwithstanding the offender’s obligation by law, agreement or custom to provide such food or care.

Paragraph 384

Any person who is issued with a legal order to provide support for his wife, parent, child or other person or to pay nursing, suckling or accommodation charges and refrains from carrying out such order within a month of its issue, while being able to do so, is punishable by a period of detention not exceeding 1 year plus a fine not exceeding 100 dinars or by one of those penalties. An action may only be brought on the basis of a complaint by the person concerned and that action ceases with the withdrawal of the complaint by such person or with the discharge by the defendant of his indebtedness to the complainant. If the withdrawal of the complaint or discharge of the debt occurs after any judgment is made in the case, the penalty will not be carried out.

Paragraph 385 – Any person who has carnal knowledge of a girl to whom he is not married with her consent when she has not yet reached the age of 18 is punishable by a term of imprisonment not exceeding 10 years or by detention. It is considered an aggravating circumstance if the victim is forced or if she loses her virginity or contracts venereal disease as a result of the offence or if the offender is responsible for the victim’s upbringing or supervision or has some measure of authority over her. Any action or measure in respect of such action may only be brought on the basis of a complaint by the victim or her ancestor, descendant, brother or sister.

Next: Part 2: Offences against the Public Welfare – Chapter 9: Crimes against Morality and Public Morals – Section 1: Rape, Sodomy and Indecent Assault

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