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Ruling on the unconstitutionality of an article in the law against the smuggling of oil is incompati

rocky
rocky
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Ruling on the unconstitutionality of an article in the law against the smuggling of oil is incompati Empty Ruling on the unconstitutionality of an article in the law against the smuggling of oil is incompati

Post by rocky on Sun 14 Apr 2019, 3:05 pm


Ruling on the unconstitutionality of an article in the law against the smuggling of oil is incompatible with the independence of the judiciary

13:26 - 14/04/2019[You must be registered and logged in to see this link.]

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BAGHDAD - 
The Federal Supreme Court ruled Sunday, unconstitutional article in the law against the smuggling of oil and its derivatives, stressing their opposition to the independence of the judiciary. 
"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the members of the judges, and considered an appeal filed by the Deputy Prosecutor of the Court of Inquiry Nasiriyah of the Presidency of the Court of Appeal Dhi Qar Federal" . 
"The appellant challenged the unconstitutionality of the last part of Article (2 / First) of Law No. (41) of 2008 (the law against the smuggling of oil and its derivatives), which prevented the release of the driver of the vehicle or boat or captain of the ship and the users of other modes of transport, To participate in the commission of the crime of those arrested under the provisions of the above-mentioned law in the stages of investigation and trial only after a final judgment in the case. "
"The Supreme Federal Court found that the defendant's innocence was found until proven guilty in a fair trial in accordance with the provisions of Article 19 of the Constitution of the Republic of Iraq for 2005." The court stressed that the freedom and dignity of the human being is safeguarded in accordance with the provisions of Article (37 / I / A) of the Constitution, and that the prohibition of this freedom must be regulated by a law that allows the judiciary to assess the legal position in the arrest or release of the accused on bail under the gravity of the crime and the place of the accused and his circumstances in accordance with the provisions of Articles (19 / I, 88 and 47) .
Al-Samok said that "the court stated that these articles ruled the independence of the judiciary in the adoption of its provisions and decisions and has no authority other than the law and the principle of separation of powers, each in the field of jurisdiction," stressing that "the Court stated that the Law of Criminal Procedure No. (23) The subject of this appeal was carefully regulated in terms of public interest and personal freedom in Articles 109 and 110 thereof. 
"The Federal Supreme Court stated that those articles defined crimes in which the accused can not be released on bail and is released in other crimes, leaving his discretion to the trial judge in the investigation and trial stages, who assesses the seriousness of the crime assigned to the accused and the seriousness of the offense Or its effect on the conduct of the investigation and prosecution if it is released on bail and guaranteed purpose. "
He explained that "the court found that restricting the judge as absolute as in the last part of paragraph (first) of Article (2) of the law subject to appeal is contrary to the constitutional articles mentioned," pointing out that "the Federal Supreme Court decided on what The provision of unconstitutionality of the last part of paragraph (1) of Article (2) of Law No. (41) for the year 2008 (the law against the smuggling of oil and its derivatives). Ending / 25


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Ruling on the unconstitutionality of an article in the law against the smuggling of oil is incompati Empty The Anti-Corruption Council begins its moves to investigate oil smuggling operations

Post by rocky on Sun 14 Apr 2019, 3:40 pm

The Anti-Corruption Council begins its moves to investigate oil smuggling operations  

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CAIRO (Reuters) - The Joint Anti-Corruption Council (CJC) is moving to investigate corruption related to oil smuggling, the head of the Financial Control Bureau said on Sunday.
وقــال رئـيـس الديــوان في تصريح نقلته صحيفة "الصباح" الرسمية واطلعت عليه "الاقتصاد نيوز"، إن الـديـوان تبنى مـلـف تهريب النفط مـن خـلال البحث عن آلـيـات تهريبه وطـرقـهـا، اذ تمت متابعة الـجـوانـب الفنية للشركات في الـجـنـوب والــوســط والـشـمـال، لاسيما ان الـديـوان شخص منذ الـعـام 2010 ، المــشــكــلــة الــتــي تــتــمــحــور بــمــوضــوع العدادات المخصصة للاستلام وتسليم النفوط سواء على المستوى الداخلي او عمليات التصدير، اذ ان عملية التسليم بين جهة واخـرى تتم بموجب عـدادات قـديـمـة ومـتـهـالـكـة مــع ان عملية التعمد بعدم شـراء عـدادات جديدة من قـبـل وزارة الـنـفـط مـؤشـرة مـنـذ الـعـام 2010.
He stressed that "the other point, which was appointed by the Bureau and contribute to the smuggling of oil, resulting from the extension of transport pipelines, whether for crude or oil derivatives for large distances and there are no guards to cover, and therefore there are points where the pipe is punctured and the withdrawal of alfalfa or derivatives and transport by tankers.
He added that "the other ways in which smuggling operations are reported to the Prime Minister and the Prime Minister, are conducted through the citizen to rent or farm land owned by contracting with the Ministry of Agriculture without reference to the Ministry of Oil and shows that contain oil taboos.
The President of the Court that the Bureau did not participate from the beginning in the study of contracts licensing rounds, as he did not see the wording, noting that the role of the Bureau was limited to audit the output of contracts only through the Ministry of Oil.

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