This research deals with the extent to which the impact of the victims incapacity is taken into account in criminalization in the penal code of the legislation under comparative study by explaining the crimes in which the legislator took the character of the victims incapacity as a special element, like its general elements, so that the character of the victims incapacity revolves around the crime, whether present or absent the principle is that the legislator when he sets a text, he specifies the elements of the crime regardless of the person and characteristics of the victim. However the character of the victim is one of the elements of the crime and within its criminal model in cases where the law requires the crime to be committed to harm a specific person, as will follow, its explanation is included in this research.
The problem of the research is evident in that although the Iraqi legislator relied on the effect of the victim’s incapacity in criminalizing him, its effect of incapacity was limited to some crimes and not others, which are not as important as other crimes, as he did not give this characteristic and the implications it carries. Negative effects on the victim, sufficient importance that addresses the disparity in physical and mental capabilities between individuals.