A critical reading of the traffic law in light of traffic safety standards and criminal legitimacy

Abstract

This study aims to examine the policy adopted by the Iraqi legislator in ensuring traffic safety and approving criminal protection for it in both Federal Traffic Law No. 8 of 2019; And the Kurdistan Region-Iraq Traffic Law No. 86 of 2004, amended by Law No. 2 of 2018.We did this by highlighting the extent to which national traffic legislation responds to the methods and standards necessary to ensure traffic safety recommended by the World Health Organization (WHO) in its annual reports.In addition to examining the legality of the crimes and penalties contained in the traffic law, their guarantees, and the extent of their effectiveness and suitability with the deteriorating reality in the current era in which society suffers from suffocation in cities and congestion in the streets as a result of the collapse of the public transportation sector.The comparative analytical approach was relied upon to reach the desired goal of the research, through the following brief plan:The first requirement/ legislative shortcomings affecting traffic safety.The second requirement: the criminal legality of traffic crimes and penalties.We hope that the research will contribute to drawing the attention of the national legislator to the shortcomings of the two legislations and fill their weaknesses in a way that is compatible with the reality of the Iraqi and Kurdistan societies, ensures the effective implementation of the two laws, and contributes to ensuring traffic safety and reducing traffic victims and injuries.