Today, Sunday, the Federal Commission of Integrity revealed its appeal against the decision of the Al-Karkh Misdemeanor Court, which is specialized in integrity cases, to impose a four-year heavy prison sentence against a former general manager in the National Investment Commission. Indicating that the Presidency of the Federal Court of Appeal of Baghdad - Al-Karkh, in its discriminatory capacity, decided to accept the appeal.
Speaking about the details of the case, according to a statement received by the National News Center, the commission indicated that “the convicted person was accused of having committed the crime of illicit gain. Due to the presence of an influx of his funds through the purchase of real estate in amounts that are not commensurate with his resources, ”pointing out that“ the commission is not satisfied with the decision of the misdemeanor court and the referral decision, which it found to be incorrect, and in violation of the provisions of the law. ”
She added, “The convicted person was referred to the Al-Karkh Misdemeanor Court, which is specialized in cases of integrity. To conduct his trial in accordance with the provisions of Article (19 / Third) of the Integrity and Illicit Gain Commission Law No. (30 of 2011) amended, while the Misdemeanor Court conducted his trial, conviction, and judgment in accordance with the provisions of Article (15) of the Law on Illicit Gain at the expense of the numbered people ( 15 of 1958) repealed according to the text of Article (10) of the Law of the First Amendment to the Law of the Authority.
She emphasized, “The Presidency of the Federal Court of Appeal of Baghdad - Al-Karkh, in its discriminatory capacity, found that the legal conditioning of the crime attributed to the accused was incorrect, as the court did not pay attention to the Integrity Commission Law No. 30 of 2011 referred to the accused had been amended.”
She explained that “the court found that the amendment law has canceled some legal texts, and other articles have replaced them, including Article (16 / First) which specifies the jobs or positions primarily or as an agency whose owners are obligated to submit a declaration on their financial receivables, including the general directors and their degree, and thus the The accused person, as a result of his violation of this, is subject to the provisions of Article (19 / Second) of the amendment which punishes with imprisonment for a period of no less than seven years and a fine equivalent to the value of the illicit gain. Or his wife’s money or his children’s money ”.
The court held, “The penalty according to the amendment has become imprisonment for a period of no less than seven years, which means that the crime attributed to the accused has become a felony crime whose consideration is outside the jurisdiction of misdemeanor courts, and thus the discriminatory decision has been issued by a court that is not specifically competent to hear the case, It also decided to return the case papers to Al-Karkh Second Investigation Court. To take into account the foregoing, and to notify the Al-Karkh Misdemeanor Court, which is specialized in integrity issues.
On the twenty-seventh of this month, the Commission announced the issuance of a severely imprisonment decision against a retired judge in accordance with the provisions of Article (19 / Second) of the Integrity and Graft Commission Law No. 30 of 2011, amended in a precedent that is the first in which a court is issued. According to the Iraqi law, according to the Authority’s amended law that was repealed in Article (10) of the amendment (Law No. 15 of 1958 Illicit Gain at the Account of the People).
[You must be registered and logged in to see this link.]