The crime of not observing technical principles in design, implementation and supervision

Abstract

The crime of failing to observe the technical principles in design, execution, and supervision is one of the important crimes that accompany construction work during the three phases of construction: design, execution, and operation. The Iraqi legislator has not addressed this important crime with regulation, although it represents an attack on a worthy interest to be protected, which is the safety and security of the building and its occupants. He relied on the general rules in the Penal Code to provide the required protection against this danger, which can threaten lives and bodies in case of omission or negligence in observing them.
The research problem was raised through the following question: Did the Iraqi legislator provide adequate protection for the safety and security of the building and its occupants from the risks of not observing the technical principles in design, execution, and supervision?
The research attempted to answer the question by stating the obligations imposed on those involved in construction work, from designers to implementers and supervisors, and by going into the details of the crime by analyzing its elements and determining the penalties imposed for it in light of what is stated in the Unified Egyptian Building Law, then stating the position of the Iraqi legislator on the crime, by adopting the analytical and descriptive approach.
The research concluded that the legal texts in the general law are insufficient to provide the required protection for the safety of buildings and constructions. The research hopes that the Iraqi legislator will intervene to complete the required protection for the safety of the building and its occupants by criminalizing activities related to not observing the technical principles in design, execution, and supervision, directly and explicitly within a unified building law.
In summary, the research found that the Iraqi legislator has not provided adequate protection for the safety and security of buildings and their occupants from the risks of not observing the technical principles in design, execution, and supervision. The research recommends that the Iraqi legislator intervene to criminalize these activities directly and explicitly within a unified building law.