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

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