The crime of abstention of caring for the elderly in senescence stage constitutes a crime of both social and humanitarian character, as it poses a serious threat to human rights. This offense involves the failure to fulfill the duties of care that must be provided by individuals or institutions to persons incapacitated due to old age. The Iraqi legislator has addressed this crime under Article 371 of the Iraqi Penal Code No. 111 of 1969 (as amended), classifying it as a misdemeanour and prescribing for it a penalty of imprisonment or a fine. The provision stipulates:
“Shall be punished with imprisonment for a period not exceeding one year, or with a fine not exceeding one hundred dinars, or with either of these penalties, any person who is legally or contractually entrusted with the care of an incapacitated person, due to minority, old age, or physical, psychological, or mental condition, and who, without a lawful excuse, abstains from fulfilling his duty.”
For this crime to be established, the general elements must be fulfilled, namely the actus reus (material element) and mens rea (mental element). The actus reus bears particular significance, as the law does not recognize the existence of any crime in the absence of a material element. The material element is composed of three components: the criminal conduct, the harmful result, and the causal link between conduct and result. The actus reus of the crime in question is realized through the conduct of those entrusted with the care of an incapacitated elderly person, such as through neglect or failure to fulfill their duties, which may lead to illness, deterioration of health, or even death. It is imperative that a causal connection exists between the negligent conduct and the harmful outcome.