THE CONDITION OF CONFLICT OF INTEREST AND ITS EFFECT ON THE APPLICATION OF IRAQI CRIMINAL LEGISLATION

The penal code, in its deepest sense, does not appear as a mere collection of commands and prohibitions imposed on a specific social space under the pretext of regulating its affairs. Rather, its essential value is manifested in its being the expression of the state's presence and the embodiment of authoritarian practice in its full sovereign dimension. This cannot be complete unless its rules have their own specific domain in which the actions actually committed correspond to the model established by these rules , Without relying on the part in which the crime is committed or on the extent to which these rules align with the priorities of federal formations; given that the latter are inherently applicable throughout the society they were established to regulate, and given that criminal law, by its very nature aimed at preserving the political entity as a whole and protecting public order, is a law that seeks to achieve the stability of the community and guarantee its security, however, this assumption, if it is valid in the classical conception based on the unity of the criminal system ,However, it will be undermined as soon as the sphere in which the rule applies is fragmented or indirectly divided for purposes of multiple interests, as a result of the state adopting a system based on multiple authorities and the distribution of powers. The sphere in which the rule operates will no longer be a single, homogeneous element, but will transform into parallel spheres of sovereignty, in which different authorities compete, especially in states that take a composite form that supports plurality and weakens centralization. This will make the application of penalties selective, governed by the limits of enforcement and the extent to which the rule satisfies the aims of the sphere in which it applies, rather than by its adherence to the content of the rule itself,The penal code, which is supposed to be a reflection of the collective opinion of the system in the face of criminal acts, will be characterized in a reality in which the degrees of its presence vary and its effect will be divided in a way that shakes its strictness as a result of the disintegration of the space in which it is operated, so that its application does not remain retaining its usual meaning.