BALANCE AND IMBALANCE IN THE CONTEXT OF PENAL TEXTS
A flexible and balanced criminal policy against organized crime is the product of modern civilization, which uses all the technologies created by these civilizations that are difficult to track and stop. Therefore, it is necessary to review all laws of criminal law nature and compare them with all international conventions on human rights ratified or acceded by Iraq to fulfill its international obligations, so as to ensure that the legal guarantee for protecting individual rights is as important as protecting public interests, because the legal system particularly ignores the concept of balance, because laws aim to protect the interests of society. This study raises a basic question, that is, how to balance general rights and individual rights and freedoms in the text of criminal law. We have raised some research questions to answer these questions, the most prominent of which are: Does balance serve the legal security of society? Is this a difficult legislative and judicial process? How can Iraqi legislators abide by international instruments by balancing public rights and private rights? What are the legislative and judicial mechanisms for balancing events? Whether this balance is limited to criminal objective rules, or whether it is assumed that balance is as important as procedural rules? In order to eliminate the role of the balance process. These questions have been answered by descriptive methods and comparative analysis, and we have studied some conclusions and suggestions as follows: