The Administration's Role in Punishing Violators of the Curfew in Iraq

(Corona pandemic as a model)

Abstract

The administration has a distinct position in achieving public order and striving to protect the freedoms of individuals, and the function of administrative control is a manifestation of the public authority in imposing public order through administrative control bodies, and with the importance of the administrative control authority, it has been subject to the principle of defining and restricting and has set limits and controls both in normal circumstances Or exceptional, therefore the administrative control authority interferes in imposing a curfew and sacrificing the freedom of individuals to move in order to maintain public order, and since the emergence of the Corona pandemic, countries have taken many precautionary and preventive measures to protect citizens from this deadly epidemic even if it benefits adherence to quarantine and staying at home Throughout the specified period, however, the criminalization of the act of people leaving their place of residence does not have a legal basis, and the punishment of violators of the curfew must not be in contradiction to the constitutional principle (no crime or punishment except with a text), and the issue of the limits of administrative control over freedom of movement is extremely important because it addresses They are extremely sensitive and accurate, and this is what we embraced from the strange phenomenon that is represented in the permanent conflict during the Corona pandemic crisis in the semi-permanent conflict between the citizen and the administration.