The Contemporary Use of Artificial Intelligence in Criminal Investigations
DOI:
https://doi.org/10.64184/ajlps.V2.I4.Y2025.P%25p.189Keywords:
juvenile, drugs, psychotropic substances, traffickingAbstract
The crime of drug trafficking and psychoactive substances is a serious offense that has become a global issue affecting most countries around the world. Therefore, international agreements and national legislations have stipulated the criminalization of any illicit trade in such narcotic substances. For human behavior to be considered a crime, certain conditions and elements must be present, which are necessary for the crime to be established; these are referred to as the elements of the crime.
These elements can either be general to all crimes or specific to certain crimes, as some offenses require an additional condition for their existence The former distinguishes the crime from lawful acts, while the latter differentiates a particular crime from others. In other words, they constitute a set of conditions and elements required by law for the establishment of a crime, regardless of its nature, such that the absence of any one of the results in the non-existence of the crime altogether
Every crime must have two main elements: the material element and the moral element. However, there are crimes, including drug trafficking, that require, in addition to the aforementioned elements, other elements; they necessitate a specific element to be fulfilled due to their particularity, known as the presumed element. This is any specific element required by law that is essential for the establishment of the crime or for determining its nature or the type of punishment prescribed for its perpetrator. In essence, it is a prerequisite condition that must exist for the act to be classified as a crime
References
The Holy Quran
FIRST / I. LEGISLATION :.
- Single Convention on Narcotic Drugs, 1961
- Iraqi Penal Code No. (111) of 1969, as amended
- Iraqi Drug and Psychotropic Substances Law No. (50) of 2017 in force
SECOUND / BOOKS :.
1. Ibrahim Abdul RAHMAN, "Drugs (Production, Spread, Smuggling Methods, Prevention) " 1st ed., Riyadh, 1993
2. Ahmed Fakhri Rashid,"Drug Terrorism" 1st ed., Dar Al-Kutub Wal-Watha'iq Publishers, Baghdad, 2012
3. Jaafar Shakir Hussein, Dr. Muhammad Jabbar Tawih Al-Nasrawi, "Criminal Response to Drugs and Psychotropic Substances" 1st ed., Comparative Law Library, Baghdad, 2022
4. Hussein Abdullah Ali, "The Phenomenon of Drugs in Iraq Between International Agreements and National Law" 1st ed., Al-Rafah Publishers, Iraq, 2022
5. Hussein Muhammad JAMJOOM, "Encyclopedia of Criminal Justice: Drug Crimes and Offenses" (Part One), Technical Office for Legal Publications, Egypt, 2003
6. Raouf Obeid, "Explanation of the Supplementary Penal Code" , Al-Wafa Legal Library, Alexandria, 2015, pp. 74 and onward
7. Samir Muhammad Abdul Ghani, "Drug Crimes (Legal Procedural and Substantive Provisions)", Dar Al-Kutub Al-Qanuniyya, Egypt, 2006
8. Saleh Muhammad Al-Zahr, "Drugs and Their Harms (Economically, Socially, and Security-wise)", Al-Maktab Al-Jami'i Al-Hadith, Emirates, 2020
9. Salah Al-Din Ali Al-Hawali, "The Mental Element in Drug and Psychotropic Substance Crimes in Libyan Law" Dar Shatat for Publishing and Software, Egypt, 2011
10. Abdul Razzaq Baydoun, "Drugs" ,1st ed., Dar Al-Mahajja Al-Bayda, Beirut, 2007
11. Ali Hamza Asal Al-Khafaji, Qasim Tariq Lutfah Al-Shalal, "Drugs and Psychotropic Substances and Their Treatments", 1st ed., Dar Misr, Cairo, 2021
12. Ali Hussein Al-Khalaf, Dr. Sultan Abdul Qadir Al-Shawi, "General Principles in Penal Law", 2nd ed., Al-Atak Book Manufacturing Company, Cairo, 2010
13. Omar Abbas Khudair Al-Obeidi, Dr. Sajad Khalifa Khazal Al-Tamimi, "Combating Drug and Psychotropic Substance Crimes" 1st ed., Dar Al-Masila, Baghdad, 2022
14. Ahd Jamil Othman, "The Crime of Trafficking in Drugs" 1st ed., Al-Adib Center and Press, Yemen, 2019
15. Kazem Abdul Jassim Al-Zaydi, "Combating Drugs in Iraqi Law (A Study on Drug and Psychotropic Substances Law No. 50 of 2017" 2nd ed., Comparative Law Library, Baghdad, 2022
16. Magdy Abdul Karim Ahmed Al-Makki, "Juvenile Crimes and Their Treatment Methods in Islamic Jurisprudence (A Comparative Study)" Dar Al-Jami'a Al-Jadidah, Alexandria, 2009
17. Muhammad Zaki Abu Amer, "General Section of the Penal Code", Al-Atak Book Manufacturing, Beirut, 2020
18. Fatouh Abdullah Al-Shadhili, "General Section of the Penal CODE ", Dar Al-Matboo'at Al-Jami'iyya, Alexandria, 1998
19. Mahmoud Rajab Fathallah, "The Mediator in Drug Crimes According to the Rulings of the Court of Cassation in Knowledge and Practice" Dar Al-Jami'a Al-Jadida, Alexandria, 2021
20. Yusuf Abdullah Al-Arini, *The Hell of Drugs*, 1st ed., Saudi Arabia, 1990
THIRD /Research:.
1. Ahmed Hussein, "The Mental Element in Economic Crime Between Assumption and EXCLUSION ", Legal Research, "Journal of Research in Legal and Political Sciences" No. 3, Algeria, 2020
2. Akram Zada Al-Kurdi, *The Crime of Inciting a Minor to Theft in the Iraqi Penal Code*, Legal Research, *Al-Bayban Journal for Legal Studies*, Vol. 9, No. 2, Duhok, 2024
3. Al-Mutawalli Al-Sha'er,"The Assumed Element in Drug Felony" Legal Research, "Journal of Law and Business*, Amman, 2018
4. Badr Ali Moussa, Sara Abbas Nasser, Shahd Haidar Rais, "The Crime of Promoting Drugs Inside Schools", Legal Research,"Hamurabi Journal for Studies" No. 47, Year 12, Babylon, 2023
5. Hatem Muhammad Saleh, "The Legal Framework for Drug Crimes" Legal Research,"Al-Mansour Journal" No. 20 Special, Baghdad, 2013
6. Hamid Jassem Hamadi Al-Fahdawi,"Drug Crimes in Sharia and Law" Legal Research, "Bayt Al-Hikma Journal" No. 39, Baghdad, 2015
7. Dawood Alabja, "The Connection Between Drugs and Crime" Graduation Research Presented to the Higher School of the Judiciary, Algeria, 2008
8. Mona Abdul Ali Moussa, Dr. Nafeh Taklif Majid Al-Amari, "The Crime of Cultivating Narcotic Plants (A Comparative Study)" Legal Research, "Journal of Ahl Al-Bayt", No. 26, 2020
9. Nihad Bandaroli,"Juvenile Delinquency and the Justice of Punishment" Legal Research," Journal of the Iraqi University" Vol. 71, No. 4, Baghdad, 2024
10. Nour Joudah Jaeib Al-Rubaei, " The Crime of Importing and Exporting Drugs and Psychotropic Substances and Chemical Precursors for Trade Purposes", Legal Research, "Journal of the College of Basic Education for Educational and Human SCIENCES " , No. 47, Babylon, 2020
11. Yusuf Diab Al-Saqr, "The Moral Element of Crime Between Islamic Jurisprudence and Law and Kuwaiti Penal Judiciary" Legal Research, "Journal of Rights", No. 1, Kuwait, 2013, pp. 362 and onward
FOURTH / Theses and DISSERTATIONS :.
1. Bouaoun Nidal, "International Criminal Policy for Combating Drug and Psychotropic Substance Crimes", Doctoral Thesis, Faculty of Law and Political Science, University of Hajj Lakhdar Batna, Algeria, 2019
2. Jabri Manal, "International Cooperation in Drug Control", Master's Thesis, Faculty of Law and Political Science, University of Arab Tebessi, Algeria, 2022
3. Jamal Saadoun Mareer, "Punitive Policy Between Use and Trafficking in Psychotropic Substances and Narcotic Materials" , Master's Thesis, Faculty of Law, Middle East University, Jordan, 2021
4. Jaber bin Saleh bin Abdul Rahman, "The Material Element of Forgery Crime (Its Elements, Forms, and Methods of Forgery According to Islamic Law and Comparative Study)", Master's Thesis, Faculty of Sharia, Islamic University, Saudi Arabia, 2015
5. Rahma Qassem Jassim, "The Assumed Element in Crime", Master's Thesis, Faculty of Law, Al-Nahrain University, Baghdad, 2023
6. Sabah Karam Shaaban, "Drug Crimes in Iraq", Master's Thesis, Faculty of Law, University of Baghdad, Iraq, 1977
7. Salah Mahdi Sajat, "Criminal Responsibility Arising from Promoting Crimes", Master's Thesis, Faculty of Law, Al-Qadisiyyah University, Iraq, 2022
8. Majid bin Karim Al-Zari, "The Material Element in Cyber Crimes in the Saudi System", Master's Thesis, Graduate Studies, Naif Arab University for Security Sciences, Riyadh, 2014
9. Maysoun Khalaf Hamad Al-Hamdani, "Drug Crimes in Iraqi Law (A Comparative Study)", Doctoral Thesis, Faculty of Law, Al-Nahrain University, Baghdad, 2007
10. Muhammad Abdul Karim Al-Dous, "Drug Crimes in Palestinian Legislation (Analytical Study)", Master's Thesis, Faculty of Law, Al-Azhar University, Gaza, 2013
Fifth: Websites:.
- HTTPS://GORDAN-LAWYER.COM Article published online, accessed on 23/8/2025
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