[Where] published the text of the assets of the Military Code of Criminal Procedure

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[Where] published the text of the assets of the Military Code of Criminal Procedure

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[Where] published the text of the assets of the Military Code of Criminal Procedure 
[Oan- Baghdad] 
Published by all of Iraq [where] the text of the assets of the Military Criminal Procedure Act, which was approved by parliament in its meeting on Saturday. 
According to the text of the law: the name of the people, President of the Republic 
Based on Maagherh the House of Representatives and approved by the President of the Republic and according to the provisions of subsection [first] article [61] and the item of Article 73 of the Constitution. 
Issued the following law: No. [] for the year 2016, the assets of the Military Code of Criminal Procedure 
Chapter One: General Provisions 
Article 1 
The provisions of this Act shall apply to the military covered by the Military Penal Law No. 19 of 2007 on prisoners of war. 
Article 2 
Formed under the provisions of this law military courts Alatyh.- 
First-court ordered the seizure. 
Second-military court. 
Third-Military Court of Cassation. 
Article 3 
Military trials of two types, namely: 
First: summary trials: It is taking place in front of ordered adjustment of the sentencing on from under Aamrth within the scope of the criminal authority. 
Second-trials is brief: It is taking place in front of military tribunals. 
Article 4 
First -takhts military court trial of the accused in these crimes, regardless of the harm of the crime time: 
A-If the military has committed any of the crimes set out in the Military Penal Code or other laws Alakabbah did not result in a personal right of individuals. 
B. If the military has committed any of the crimes stipulated in the penal laws is the law against the military last job was related to the military court or competent military authorities may be uploaded to the civil courts to decide. 
Second-civil court specializes in succulent crimes in the following cases: 
A-If the crime committed against the civilians of the military. 
B. If the military authority decided to deposit the case to a civilian court that they are related to the rights of civilians. 
Third-Civil courts are competent to look into the crimes committed by the military against civilians. 
Article 5 
Independent military courts no authority for it is the law. 
Chapter II: The news about the crimes and primary investigation 
First branch 
News for crimes 
Article 6 
First -aly all military tells him that his order for every crime or sudden death or the death of a suspected aware of them or reading them on this matter to provide news to the panel ordered the relevant authorities. 
Second-both claiming harm from a crime to raise Qzith to his order on the matter and make a dish that requires law. 
Third-all non-military authority -lhak knowledge of the occurrence of a crime due consideration to the military courts to tell immediately the nearest military authority for them. 
Article 7 
Military Prosecutor the right to request to take legal action in every crime has taught him the right to take over his own investigation based on the order issued to him by the Supreme was due and then acquire the foolishness of the Council's investigative and exercise the powers provided for in the Act. 
Article 8 
Tell if the unit is the occurrence of a crime who are under his command or found that there are things that call for action he may take the investigation Mayati: 
First -atoly investigation himself 
Second - or appoint an officer to do Balthakbak 
Thirdly - or order the formation of a council investigative. 
Section II 
Council investigative 
Article 9 
First -ahkl defense minister in the ministry's headquarters council investigative than three officers in at least be the boss and one of its members from Alhakoyen officers or the Consultation Act to investigate the cases referred to it by the Minister or his nominee after the rightful end of deposited securities investigative to the legal department for scrutiny and sent to is competent assignment for transmission to the associated military court or returned to the investigative board to investigate them again or to Akamil investigative deficiencies or where to reconsider its decision in respect thereof shall be binding Ray legal department. 
Second-it ordered the unit to be issued Amrckal investigative board of three officers in the least of his unit for their assistance in the investigation and will be the oldest president and officers of equal rank military officer be president. 
Article 10 
First - on board the investigation or the investigating officer to investigate Awalammer based case he receives it Yalsadr investigation that initiate an investigation Balqzih and go to the place of occurrence if necessary, and opens up a record of the actions taken by the logging. 
Second-hear the words of both the plaintiff and the defendant the right to personal and the complainant and the detective and the victim and the present and who has knowledge of the crime separately and may face Bazhm interconnected other at the argument and re-interviewed and recorded those words in the record and then recited them signed by the Chairman of the Board's investigative or based investigation with Alchkt which codified his words, and if he is not able to sign thou shalt take the imprint left thumb and if it refrained from Fedun failing in the record. 
Third-if the accused was present to discuss any witness of the prosecution witnesses and Atab hear any witness he calls for the investigation to decide based answer or reject the application on that fact shall be noted in the record. 
IV if it appears to the Council or the investigating the incident not be considered a crime, or that he does not face the accusation of lack of responsibility or lack of evidence can serve as a basis for indictment or to realize the responsibility he may decide to close the case and release the accused immediately and was suspended and lifted Securities investigative at it either if Dahr said the incident is a crime Oujda evidence can serve as a basis for accusing him and decides to assign the charge in accordance with the legal provision related to the Securities and raise it. 
Va.llqaim inquiry or investigation board may order the arrest of the accused if it saw no reason to be recorded on the reason for the arrest in the record and that takes into account the statutory period provided for in the Act.
VI based on the recommendation of the Council of computational competent investigative and ordered assignment or his nominee military court placed custody on five salary and allowances of the military. 
Saava_ exercise is unity and the investigating officer and the board's investigative powers and authorities planned 
The investigating judge stipulated in assets of the Code of Criminal Procedure No. 23 of 1971 
Crimes that are investigated, except the powers of referral to the competent court. 
Thamna_ the victim challenged the investigative board's decision before the competent court within the military [30] thirty days from the date of notification of the decision and the decision of the outcome of the appeal prohibited. 
Article 11 
Ola_ Court Awalcil investigative or based investigation or order the unit to issue paper summons to the accused, a witness or a related lawsuit or this case investigated, that the liberation of the paper in two shows where the issuing agency and the name trio in charge of attendance and his fame and military space and time required to attend and address and the type of crime being investigated and legal article, but if it is required summoned to appear non-military are so by issuing a paper summons and reported by place of residence police station or work. 
Thania_ military understands the charge of the content of the paper commissioning and taken his signature on the original Bamdhaih version or Phosphene thumb and handed him a second version indicates the root of the paper for reporting with a statement date, time and Aogaha-based reporting, and if the military declined required to attend all received the summons or he is unable to sign For whatever reason Alqam Baltbag understand that substance in the presence of two witnesses or order the unit and leaves him second version after explaining that in the two versions and signed with the witnesses or order. 
Thaltha_ If confirmed, the Dai investigating authority that the witness is required to attend is unable to attend for a legitimate excuse he may send one member to him to write down his testimony whenever it deems as conditions permit the accused the right to attend and discuss the witness. 
Raava_ if the witness is a resident in a remote for the authority to investigate the center of the place may be to hear testimony by way of agency of the court of inquiry so shop that was a non-military or military court, if any, otherwise it is it's the unit that belongs to them the witness said was a military, then it has to define things to be undertaken and Alqaia that need to record statement from the witness thereon. 
Va_ Investigating Authority referral fails to appear non-military without a legitimate excuse to the competent court of inquiry to take legal action against him. 
Article 12 
To ordered the unit or the investigating officer or the board's investigative work when the occurrence of sudden death or the death of a suspect to request the forensic medicine autopsy to find out the real reason for LoFat. It has if necessary to ask the competent examining magistrate permission to open the tomb to reveal the body by an expert or a specialist with the presence of the deceased to determine the cause of death. 
Article 13 
The Council should be formed investigative check when one of the following cases: 
First: the loss, damage or for damage to the substance of private military service and materials required for the formation of the investigative board in this case be: 
A-value of the damage is outside the power of unity in embedding. 
B-crime caused by gross negligence. 
T-crime that took place on the weapon or gear wheels or any part thereof, or the result of gross negligence or appropriated. 
Second: the lack of access to the fund account. 
III loss or the death or destruction of an animal Wei peacetime. 
IV embezzlement or theft of any item of special materials for military service, or upon the sale, purchase or mortgage or a pledge or hide this article or possession in bad faith or when disposed of illicit conduct. 
V. malfunction, damage or injury in the body of one of the military or when he died. 
VI occurrence of a murder or a serious injury. 
Article 14 
First: the accused has the right to express his statements at any time, after hearing the testimony of any witness and to ask Ataakec or summoned for this purpose. 
Second: If it turns out that the defendant testify against another defendant shall be inserted testimony and differentiate suit each. 
III Aihlv to the right of the accused only if the certificate in place of the other defendants. 
IV Aaghebr for the accused to answer questions directed to him. 
V. Aaghebr for the use of any illegal means to influence the accused to get a confession and is one of the illicit abuse and threats of abuse and seduction and the promise of intimidation or psychological influence or use of drugs and alcohol and drugs means. 
VI recorded words of the accused in the record and signed by the defendant and the President of the Court or the President of the Council investigative or based investigation after he read it, and if the defendant refrained from signing it abides in the record. 
VII if it included the testimony of the accused admission of having committed the crime For President of the Court or the President of the Council investigative or based investigation recorded by himself and read to him after finishing them and then signed by the President of the Court or the President of the Council investigative or based investigation, the accused, if the accused wanted to identify his testimony plan, it may do so provided that it is Blogging before the President of the Court or the President of the Council based investigative or investigate, and then signed by the accused proves that the minutes 
VIII recorded in the record certificates, which asked the defendant to hear him deny the crime and bring in other evidence presented by the defendant unless the defendant shows that the request can not be executed or that he intended to delay the course of the investigation unnecessarily or to mislead the court. 
Article 15 
First: When the offenses of non-military officers for the crime of absenteeism stipulated in the Military Penal Code, the authority to conduct the trial and the imposition of the penalty shall be ordered to the settings, the fact that the crime of absenteeism is kind of irregularities. 
Second at the time of the military officers and ranks of the offense of absence or escape provided for in the Military Penal Code, it must form an investigative board to install the reasons for absences Awalahrob and the types and numbers of other military equipment and materials that could be transmitted Astsahava investigative papers to the military court. 
Section III 
The power to order at the end of the investigation 
Article 16 
Unity is verified investigative paperwork when viewed him and take them one following decisions: 
First: returned to the investigating authority to complete the deficiencies in it. 
Second referral to the authority of the other to achieve if it found it necessary for the safety investigation. 
III ratify the decision Altakiq authority to release the accused. 
IV sentencing if the Council decision includes assigning investigative crime charge to the accused and the penalty for that crime within his powers. 
V. raise the investigative papers to the command or competent leader if the verdict was outside its powers for the purpose of imposing the penalty. 
Article 17 
It refers to the region or ordered the commander of the band leaves the competent investigative before it legal to Advocate for the band after taking legal opinion which have either the use of powers to the order of commanding the unit or investigative papers shall refer to the military court to decide the case. 
Article 18 
The defense minister to withdraw the administrative investigation and deposited into other investigating authority has canceled the decision of the state investigative authority or any decision in accordance with the provisions of Articles [16] and [17] of the Act, within [30] thirty days from the date of issuance of the decision and has in this case order a new investigation and then decide where either ratify the Alaqraralsadr in the case, to release or to issue sentencing if the decision in the case includes assigning Thh to the accused and the penalty for that crime within its powers or to refer the investigative papers to the competent military court. 
Section IV 
Military arrest 
Article 19 
First: it may not be arrested or detained on a military except in those cases where the law so equipped. 
Second it is not permitted to implement the arrest warrant on the officer or his arrest in the case of committing a felony remarkable only after obtaining the approval of the Commander in Chief of the Armed Forces or his nominee. 
Third-a- are not taken to implement the arrest warrant issued against the military or summoned to appear before the competent courts furthest obtaining the approval of the Minister of Defense or his nominee and the Minister or his nominee postpone the execution of an arrest warrant based on reasonable grounds. 
The Minister not to approve the implementation of the arrest warrant issued against the military or submit it to the competent courts if the act was committed by an emerging military from carrying out his duties or because of them, according to the recommendations of the investigative board that forms for this purpose. 
IV ordered includes the arrest of military Althelaths, surname and identity name and descriptions that were known and place of residence and the name of his unit and compile and type assigned to him the crime legal provision applicable to them and the history of it and the signature of the issued and seal the court or unit Albeefah formed by the Council investigative. 
V. be ordered to take effect across Iraq arrested and enforceable both face him and members of the judicial police and led astray in effect until it is executed or canceled by the authority issuing. 
VI must military information required to track him down on the arrest warrant issued against him and the charge assigned to him. 
VII delivers military arrest warrant issued against him to the nearest covert military or military discipline and unity through [72] seventy-two hours. 
VIII stripped the military arrested legally arms carried by and delivered to the body that issued the arrest. 
Article 20 
First: Assri stop in one of the following cases: 
A. If the investigation relating to an offense punishable by imprisonment for a term exceeding [3] for three years. 
(B) if there is reason to fear that the military escape or hide or teach his partners in crime or coercing witnesses to the crime of perjury. 
(C) if the crime is committed against morality and public morality crimes. 
Second in the case of military detention or arrest must be informed of the reason for his arrest or capture it through [24] twenty-four hours and must which handed over to the commander of his unit while providing a full report on the cause of arrest and can not be said for his arrest for the said period exceeding aforesaid only if prevented conditions Taip require it to be less than the bug [72] seventy-two hour and the commander of the unit to release him that was not covered by the provisions of paragraphs [a] and and [c] of the item [first] of this article. 
Article 21 
First: on the order of military discipline arrest the officers and ranks if there is an order issued by a court of competent jurisdiction or any authorized military Reference legally be arrested if they commit a crime or memorable or fled after their arrest. 
Second to the order of military discipline arrest Baderb immediately if Artkpo presence misdemeanor or found the secret of the case against them or found all the reasons to believe that they Artkpo a crime punishable by imprisonment for a term of one year and be deported to their units in a period not to exceed 24 hours. 
III (a) to the order of the unit or rank top or the director of the department to order the arrest of the military, which under his command pending investigation. 
(B) If the required military detention officer must obtain the approval of the defense minister on his arrest after the submission of a full report on the cause of Tqifa. 
IV every soldier captured military committed an offense if it memorable and handed over to the nearest military authority for submission to the order and unity. 
Article 22 
First: Being in the military Takiv situation and must remove him from the prisoners whenever possible and should be withdrawn from his military job for the duration of his detention as soon as an order to arrest. 
Second applied against the suspended disproportionate treatment with void envisaged arrest, according to what is written in the arrest warrant. 
III of Reserve if they did not write down how his arrest that carries special hobbies such as writing and reading in the position generally commensurate Mo rank and allowed him to walk in the times that are known and within certain limits and not allow him to attend the public meetings. 
IV should wear full military Ksute suspended during times of working hours. 
V. suspended the officer who sees that his arrest was obtained unlawfully or abuse him or not, it Incefh arrest to present his case on the legal Advocate in the band and it ordering a probe and decide on the case within a period not to exceed [7] seven days. 
VI may be in agreement with the police and local military deposit in their positions Shahu settings lacking proper position in the military unit. 
Article 23 
First: Subject to the provisions of Article [20] of the Act may be military detention for a period not exceeding bug [3] three days if an officer for a period of not more than [7] seven days if he was deputy officer or non-commissioned officer for a period of not more than [10] days if a soldier the missionary must conduct the investigation into the charge assigned to him if deposited arrest. 
Second: If the deadline specified period of detention provided for in item [first] of this article by the end of the investigation Velslth investigation to ask the Legal Advocate extend the detention period for once and must be during this period to end the investigation and decide on the fate of the suspended either his release or his condition to Albeefah Court In the case of filing the case to the military court ordered the extension of detention or release way back to the Court mentioned. 
III if necessary the extension of detention for more than the periods set forth in items [first] and [II] of this article because of the ambiguity of the case or for their complete evidence, Velslth investigation Securities Depository investigative to the competent Military Court to determine whether there is any need had to continue to arrest and this court Maigtadha to decide whether to extend the detention for two or appointed by the release of the detainee. 
Article 24 
First - may be evacuated from the military for arrest on the orders of the authority that ordered the arrest or investigative authority, which conducted the investigation with him. 
Second, taking into account the provisions of subsection [first] of this article feels army chief of staff and commander of the division or brigade is at the release of the arrest of the officer for information only. 
Article 25 
First: if it appears to the authority of the investigation for some reason the inspection elderly Alasamara or disclosure it may help to find the document or money prejudice to the crime, it has to aggregated a court order to inspect the competent court of inquiry and be inspected under the supervision of the judge and in accordance with the provisions of the Code of Criminal Procedure No. [23] 1971. 
Second: if it appears to the military court for a reason to inspect military housing or disclosure it may help the investigation to find the document or money prejudice crime it may issue an order for judicial inspection and be inspected in accordance with what is stipulated in item [first] of this article shall be appointed Court one of its members to participate in it, and member of the Court adjust request any document or anything else than what is required and benefit from it in the investigation. 
Chapter III 
The jurisdiction of military courts 
First branch 
Commandant disciple Court 
Article 26 
First : the commander of setting each with a military rank authorized by law penal authority and has to bepunished both under his command within the scope of the criminal authority set forth in the table attached tothis law. 
Second - The Director - General of the General Directorate of the commander of adjusting to punish military personnel who are under his command from the rank of lieutenant colonel or below. 
III of the Secretary of defense or his nominee punish officers from the rank of colonel and above. 
IV agent , commander of the unit to use the authority of the commander of the unit inherent in his absence. 
V. the inspectors army commanders adjust to army troops when they searched. 
VI . if the transfer of the committed a disciple crimes to another unit shall be the commander of the new unit is setup to take legal action against him. 
Article 27 include seizure crimes irregularities and acts stipulated in Article 78 of the military Penal Code No. 19 of 2007. 
Article 28 of 
people who have tried before disciple commander are both: - 
First : military 
Second : those who serve in the army or from Kano in the Iraqi army emergency for any reason and the image of a time, a 
third - of prisoners of war 
Article 29 
First : conducted summary of the commander of the competent disciple of the trial or the nearest authorized thecommander of authority criminal under the Schedule to this law. 
Second to the order setting the highest rank that under his command the commander of the unit accused a summary trial in one of the following: - cases ( 
a) if the crime took place openly in front of catching 
B. if the crime is an insult to the dignity of a military commander. ( 
c ) if the width it ordered the defendant to determine the punishment. ( 
d ) if the act was signed by multiple people belong to units under his command. ( 
e ) if aware of the commander of setting the lowest rank of him to act and did not punish him. 
Article 30 for 
each of the commanders of adjustment set forth in rank according to the Schedule to this law the use of penal authority taking into account the Mayati: - 
First : it is not permitted for anyone who is without captain rank punish the officer , who under his command. 
Second is not permitted to punish those who had the rank of colonel or Dean , but the commander of Berthier brigade and above , or from authorized punitive power of the rank of the leaders of the corps, teams and managers Alsnov. 
III is not permitted to punish those who had the rank of brigade or a team or a general officer of Baquba , areprimand , but the Minister of defense. 
IV includes the penalty of deprivation of the weekend deputies officers and non - commissioned officers, soldiers and students of military schools and colleges. 
Article 31 
First : summary trial taking place in front of the commander of adjustment according to the following : - ( 
a) set a trial date if the commander disciple decided to prosecute the accused. ( 
b ) attends the accused in the designated day of the trial with a single prescriptive and understand summary of the charge assigned to him for questioning it. 
c - calls the commander disciple complainant or informer or prosecutor the right personal or witnesses and listening to their testimony It has to re - questioning or listen to any other certificate. ( 
e ) an order setting the closure of the complaint and the release of the accused if it appears that the evidence provided is insufficient for a conviction, the defendant was not suspended or Ahbusa for another reason. ( 
f ) an order setting sentencing appropriate within the scope of his authority criminal if it is shown that the act assigned to the accused is a crime of settings crimes. 
G. commander seizure issue its decision to refer the case to the commander of the disciple Bidder if it emerged that the act assigned to the accused deserved the harshest punishment out of the penal authority or that his crime is not n disciple crimes. 
h - an order setting the highest rank taken after the papers referred to scrutiny of its commanding setting thefollowing procedures: - 
1. sentencing according to the criminal authority. 
2. to refer the accused to the competent military court if the validity of his assignment or forwarded to thecommander of the highest rank tuning it. 
Second holds a commanding setting a record of crimes exactly the model that determines the instructions issued by the Minister of defense. 
III holds a commanding tuning after Report sentenced. 
IV may object to the judgment of the commander of the settings in the following: cases 
A. if convicted object to it through [7] seven the days of the verdict issued against him in front of thecommander adjust the top - ranked , who handed down the sentence he may amend both the verdict or replaced or canceled. ( 
b ) whether the sentence is true or issued by the commander is not authorized to rule Flammer disciple highest ranking switch punishment or lifting. 
V. Minister defense or his nominee to grant any of the commanders of setting any authority penal belong torank higher than the rank of use to those who are under his command and has withdrawn any criminal authority or identified. 
Article 32 
First : the commander in chief of the armed forces and Minister of defense commanders adjust to employees of the armed forces. 
Second the commander in chief of the armed forces and Minister of defense and ordered seizure issue adecision to the military to include based on the Council 's investigative decision or the investigating officer if he did has led to damage to public property yield of the armed forces in addition to disciplinary punishment imposed within the legal powers and according to the following: that ( 
a) the commander in chief of the armed forces for no longer than [2000000] two million dinars. ( 
b ) Secretary of defense for no longer than [1750000] million seven hundred and fifty thousand dinars. 
C. Legion commander or is his job for no longer than [1500000] one million five hundred thousand dinars. 
d division commander or Hubmnsbh for no longer than [1000000] million dinars. ( 
e ) the commander of the formation or is his job for no longer than [750000] seven hundred and fifty thousand dinars. ( 
f ) the commander of the unit or from Hubmnsbh for no longer than [500,000] five hundred thousand dinars. 
section II
military court 
Article 33 
First : the military court of the president of not less than the rank of colonel human rights and has the legal service of not less than [12] Twelve years and two members of not less than the rank of any of them for my rights provider and a member of a reserve of not less than the rank of a leading human rights. 
Second is required in both prime and organic Court Mayati : ( 
a) make it clear convicted of a felony or misdemeanor involving moral turpitude. ( 
b ) that there was no evidence of war crimes or acts involving the violation of human rights. ( 
c ) make it clear that is covered by the law of the justice and accountability No. [10] for the year 2008 ( 
d ) must be of good reputation and behavior. 
Article 34 
First : circle the name of the prosecutor associated all pose prosecutors administratively and technically. 
Second : the public prosecutor general right to human rights officer to attend hearings and provide readings and applications and legal defenses. 
III presents the military Prosecutor to appeal the verdicts to the military Court of Cassation and the legal Advocate send the case to the enhanced court perusal. 
IV requires the military prosecutor conditions set forth in item availability [Second] of Article 33 of this law. 
Article 35 
First : form a circle called the [legal department] linked to the Minister of Defence and associated the number of districts and military courts. 
Second heads the department set forth in item [first] a human rights officer for not less than the rank of Dean holds a university degree previews least has experience in the field of work for less than [15] fifteen years and are appointed according to the law. 
branch the third 
joint investigative committee 
Article 37 
First : the Minister of defense investigative committee jointly headed a human rights officer for not less than therank of colonel in the army and the membership of representatives from the interior ministry and security services other to investigate the issues that occur between the employees of those entities referred by the Secretary of defense or his nominee . 
Second : the joint investigative Committee to investigate the issues that deposited them parties represented in the committee and have this committee the powers and functions of the Council 's investigative stipulated in this law , and it may decide to refer any case to the competent investigating judge if you find it's Ataatalq job. 
III with the exception of decisions taken to refer the case to the competent examining magistrate Commission sends its decisions to the legal Department of the Ministry of affiliation of the accused in turn refer the case to the competent court. 
IV sent the decisions of the joint investigative committee to Mahmh military discrimination through [30] thirty days from the date of issuance of the decision. 
section IV 
military Court of Cassation 
Article 38 
First : make up the orders of the Secretary of defense military Court of Cassation as follows: - ( 
a) the President of the Court of not less than the rank of brigade my rights. ( 
b ) two vice presidents of not less than the rank of any of them for the Dean of human rights and has the legal service or court of not less than [12 ] twelve years. ( 
c ) [8] eight indigenous members and two reserve jurists officers of not less than the rank of any of them from the colonel who have a legal service or court of not less than [10] ten years. 
Second pose in the military Court of Cassation decision of the President of the Court bodies the following: ( 
a) the body was the first specialized and would consider the verdicts and decisions of military courts inaccordance with the provisions of the military Penal Code No. 19 of 2007. 
b- specialized second body and shall consider the judgments and decisions of military courts in accordance with the other provisions of the penal laws. 
c . specialized third body and shall consider the decisions issued by the Althakiqh joint Committee. 
III hold any of the bodies provided for in item [Second] of this article , by order of the President of the Court presidency of the Vice President and the membership of two members of the court and its decisions shall be byagreement or by majority. 
IV-a - quorum Aakad General Authority for military Court of Cassation in the presence of President of the Court and the membership of the Vice President and members of the indigenous completed. ( 
b ) General Authority shall take its decisions by agreement or by majority in the following cases: 
1. executions 
2. issues that disputed the views of specialized Alaaih. 
3. the re - trial issues . 
4. the issues that the President of the Court decided presentation to the General Assembly. 
section II to 
refer the case to the military court 
Article 39 
First : the commander in chief of the armed forces or the defense minister or army chief of staff or his associates or the General Counsel or authorized by any of them to refer the accused to court military competent if it determines that there is sufficient evidence to refer the charges against him. 
Second commander of land forces, sea or air , or the corps commander or the band or is Bmansbhm or authorized by any of them to refer the accused to the competent military court for trial if it determines that sufficient evidence for transmission of the The charge against him. 
Third is the leaders of leaders My assignment near the military unit of the military courts or his nominee and the defense minister. 
IV attached to the case papers the following: ( 
a) is an assignment to the military court and must include the identity of the accused and the name of thePresident of the military Court and the names of its two members and the Prosecutor General military. 
Securities investigative received from police departments or other agencies Althakiqh b. ( 
c ) adjusting the accused and his nickname table that he was a soldier or noncommissioned officer or deputy officer line service if an officer. ( 
d ) List receivables defendant contained a detailed statement of the government resulting from the debt. ( 
e ) the charge sheet that must be where assigned to the accused legal provision applicable to them the crime and the date of their occurrence gradation and its conclusion to be signed is an assignment or his nominee. ( 
f ) All investigative evidence relating to the military crime of which he was accused of committing. 
V. given a copy of the Securities investigative to the unity of the accused to see them and provide him with acopy of it. 
Article 40 
checks president of the military court ordered the assignment and accompanying papers do when they come tohim van and found her full appointed day trial through [7] seven days in misdemeanor cases and through [15] fifteen days in criminal proceedings from the date of receipt of the papers investigative and tell the members of the Court and the small intestine the persons required to be present and that it found deficiencies investigative he should bring it back to its reference to supplement those deficiencies. 
Article 41 
of the ICON chairman, member or public prosecutor in the court martial of both 
First : affected by crime or a financial benefit crime related to unforeseen. 
second caller accused of crime or Palmtdharr relative Korba originally a branch or to the third division or was a nearly Srah them to the second division that was revealed. 
III it to refer the accused to the military court or investigation based on his guilt or which report crime on theaccused. 
IV witness or expert testimony in a lawsuit audience and all those who expressed a legal opinion written in court papers.
the fourth chapter 
Proceedings 
first branch 
general rules of 
Article 42 
of the accused and the injured from the crime to appoint a lawyer to defend him before the military court and if it were not for the accused ability to hire a lawyer based military court assignment of a lawyer in criminal offenses, and determine his fees according to what is stipulated in the Code of Criminal Procedure No. 23 of 1971 amended and not the court the right to direct trial proceedings before attending lawyer Director. 
Article 43 
First : be trials in military courts in public is that they may decide to hold trials or some of them in secret to one of the reasons the following: ( 
a) if the crime is related to morality and morals. ( 
b ) the maintenance of public security. ( 
h ) if there was Maidao to damage the military department. 
Second is not permitted to attend to is the lowest rank of the accused to a public trial Alma had a connection with them and the President of the Court to take it out of the courtroom for reasons disciplinary. 
III President of the Court that comes out of the courtroom , each of prejudice adjusts the session has to prevent the presence of both have not completed the age of [15] age of fifteen years. 
section II 
record of the hearing and management 
Article 44 
set the hearing and management also depends on the President of the Court. 
Article 45 
First : the military court that take legal action against all the military came act or uttered the words that would affect the dignity of the court or insult a member of bench after record his testimony and install located in Minutes sends it to the nearest unit of military police for taking him to his unit to initiate investigation. 
Second , if the perpetrator is provided in item [first] of this article is a military court to decide forwarded Mkhvora to the competent court of inquiry with a report on the incident. 
Article 46 
is writing minutes of meetings in military court clerk tuning. 
Article 47 
upon the formation of the court sitting president in the center and on the right hand oldest members rank and to the left of the other member and the sitting prosecutor and lawyer in the custom of each place. 
section III 
trial 
Article 48 
First : begin the trial after bringing the accused and recording identity and recite the President of the Court ordered the assignment and then the accused asked whether he has an objection to the court Van replied in thenegative ask him a statement the lawyer who has represented before the court in the absence of the agency attorney counting capability court shall appoint an attorney to him in criminal cases shall defend it and bear thestate treasury his fees in accordance with the provisions of this law and then begins the trial. 
Second in the case of objection of the accused on the court for him to show caused if achieved where one of the cases of post provided for in Article 41 of this law , the court shall write it down in the record and ask the commander of the assignment replace the desired response, otherwise it shall be inserted the reasons for non -acceptance of post and continue in the trial. 
III proceed with the chief judge read out the charges to the accused and for a briefing note out and clarify to him if admitted accused of the charge assigned him write down his confession in the charge sheet and the Court on the basis of this recognition , and when there is other evidence to support it and after they realized that theaccused is estimated as a result of his confession, issue its ruling the conviction and if the offense for which tried them punishable by death or life imprisonment should be on Court boost recognition with evidence or evidence make it conform to recognize the reality in the absence of the defendant 's recognition or failure esteem court by his own admission reasons write it down in the record or not formulated a boost, the court willproceed to prosecute. 
IV military Prosecutor General shall submit a statement with a summary case and the evidence which it isbased , and if there was a prosecutor right Profile called to the court to record his words. 
Article 49 
First : when you begin obeying the testimony of witnesses ask the witness about his name and his reputation and his career, age, place of residence and its relationship to the litigants and to swear oath in accordance with the following formula: - [God Almighty I testify honesty and Aacol not right. 
Second lead The witness testified orally and Atjoz boycott during her performance , and if unable to speak fixed bug medical report authorize him to the Court have his testimony and the Court be directed to him that you see from the questions necessary for the emergence of the truth and the claim of the public prosecutor and theaccused and his agent the right to discuss the witness and guide the questions necessary to show the truth and clarifications. 
III must keep the witness during the hearing , another witness and may be counter watched the last in the line of the certificate. 
IV need to install the certificate on the facts that can witness apprehensive in one of his senses. 
V. the court may order a recitation certificate already made ​​by the witness during the preliminary investigation or in another court and , if claimed he to Aatzkr the facts of the incident Waltz in which all saw , or some ofthem or if he varied his testimony before the court with the former his words and for the court and to the parties and their agents discussed in all of it. 
VI of the court to hear the testimony of any person to attend in front of his own to give his input and have to cost any person to appear before it for the performance of his testimony if he considered the testimony productive in revealing the truth. [/ltr]

[ltr]
VII if the witness or did not attend unable to hear his testimony because of his death or inability to speak or lost a civil certificate or foolishness place of residence Vallmgmh decide to recite the testimony which has already been made ​​in the course of the preliminary investigation or in court Other in the same suit and regards it as a testimony made. 
VIII if apologized to the witness of illness or any other excuse for the audience to testify , the court may be passed on to him and hear his testimony after the news that opponents or to delegate one of its members to listen to his testimony that proves it in the record sends to the court and to the parties to attend themselves or Boclaihm and direct their Maarunh of questions , and if the court finds after moving or one of its members move to replace the witness and not to excuse Jazz truth to it that the control law to refrain from attending thepenalty prescribed and if the court is satisfied that. 
IX of the cost of the witnesses to appear in front of the military court stayed behind the Court may bring him Jabra and sentenced to the penalties prescribed in the Penal Code that was a military and referred to thecompetent court of inquiry that was a civilian , the court refer it to the competent court of inquiry spatially. 
X. if he is a witness defaulting attendees are reasonable grounds for the failure and saw it worthy of the Court acceptance and decides to stop the legal proceedings against him. 
XI: ( 
a) if attended were invited to testify and declined to answer or for the oath Vallmgmh that it controls the penalty prescribed by law to abstain from testimony that was a military and referred to the competent court of inquiry that was a civilian. And to order recitation of his previous testimony and considers it a testament Edith front ofit. ( 
B ) are excluded from the provisions of paragraph [a] of this item legally binding guards as a secret that share it because of his profession only if his career law allowed the testimony of information on the facts to be cast to attach to the issues of investigative front of authorities competent. 
Article 50 
if the military court is satisfied that the partner in crime or witnesses do not recognize the truth in the presence of the accused during interrogation or that the defendant cause a breach of the court hearing system it may be graduating from the courtroom, and when you bring him understand Maatkhz of proceedings in his absence ,taking into account the provisions of Article 51 of this law. 
Article 51 
First : bonds and securities, records, reports and other means of proof of sin and exile are recited during thetrial and the military Court to accept as evidence or exile. 
Second only reading the testimony or reports already performed or recited in front of the investigative authority or courts civil or manner of agency of one of the witnesses, experts or partners in crime without their presence because of death or injury , mental illness , or anonymity place of residence or could not appear before themilitary court or was arraigned requires expenses or cause a delay is not required by the conditions of theissue. 
III military court that reservation in the coffers of any document or evidence in writing or anything else feet infront if he finds it necessary. 
Article 52 
First : President of the Court discusses the witnesses for the prosecution and then the military prosecutor , and the prosecutor the right profile and then the accused and his agent, and the Prosecutor military or theprosecutor the right profile and his agent and discussing again then to clarify the facts that Yar'Adua certificate about in their answers questions from the accused, all of which is done by the court. 
Second discusses the President of the Court of defense witnesses and the accused and then the military prosecutor , and the prosecutor the right profile. 
III of the Court in any case it was in the case that went witnesses questions that help to show the truth or authorize opponents all the way. 
IV to a member of the military court or the military prosecutor , and the prosecutor the right or agent of theaccused be directed by the President of the Court any question of the witness or the accused. 
V. the court that prevents ask questions of the witness or the accused not related to the case or is a product inwhich they can refuse to hear testimony on the facts of the view that it had come to light has obvious enough. 
VI recorded depositions in the record Balvazaa upon conclusion recited on who made ​​and corrects what hasbeen codified when required and little in the record that the certificate or benefit or interrogation report or reports read to the witness and he admitted to her health if Langerhans below the record regarding his interrogation and his words were of the opinion the Court that the below is true , it has to remember to record his objection and add it that you see necessary observations and record shall be signed by the President of theCourt and its members. 
Article 53 
if the court finds that a person ineligible to perform certificate and decides to his incompetence and write down the reasons in the record is the witness is not the people to cast their testimony in particular in one of thefollowing: cases 
First : not remember the issue that testifies it. 
Second lack of understanding of the questions sent to him. 
III be given answers is reasonable. 
Article 54 
is Eldonh testimonies and reports from the competent authorities, organized by the witness in implementation of the usual supporting evidence of his duties as a witness if it took place in the time of the incident or Maigarabha.
Article 55 
of the Court on its own initiative or at the request of litigants to discuss the witness and re - discussion and clarification from him what he made ​​in his testimony to ascertain the facts cited. 
Article 56 
after the completion of hearing prosecution witnesses for each of the Military Prosecutor and the prosecutor theright personal and the accused and his agent that shows Mairead his statement in the case , and then you hear the testimony of defense witnesses and being discussed and have accused the last to hear his statement and whether civilians were referred to the competent court of inquiry spatially charges refrain from performing thecertificate. 
Article 57 
First : recited in the military court ordered the statements of the accused included his testimony and his observations and daily acts of the accused or the line service and readings made ​​about him and the reports of the experts. 
Second may call the specialist employee or an expert to explain or clarify any report came from a competent district and also may bring the commander of the accused to show his testimony about the defendant 'sbehavior. 
Third , the court must ask the accused whether he had words about the data the securities referred to in paragraphs [first] and [II] of this article. 
Article 58 
First : Court Takhtla Pour the wording of the judgment or decision in the particular session of the issued and after the completion of his resume in public session and recited phrased the accused or understand its content.
Second if provision , the conviction, the court shall issue a ruling last sentence in the same meeting and understood the accused substance. 
Article 59 
First : It is not permitted to the court that based on the case in its judgment to guide did not come up for discussion or no mention of him at the meeting not to a paper presented by one of the litigants , without that other opponents access them. 
Second : it is not permitted for the president of the court that ruled in the lawsuit Bta on his knowledge profile. 
III court shall rule on the case based on the conviction formed to have the evidence presented at any stage of the investigation or the trial. 
IV not enough per certificate is a reason for the rule unless supports the presumption or other convincing evidence or by the confession of the accused , unless the law draw a certain way to prove it must abide by it. 
V. the Court may take the recognition alone if they reassured him and did not prove a lie as evidenced last. 
VI Court absolute authority in assessing the certificate it may Antohz out entirely or some or posed , or take inwords that made ​​by the witness in the minutes of the preliminary investigation or by another court in the same case or that do not take a word of caution all. 
VII of the Court of absolute power in the estimation of the accused and taking him recognition both issued appearance or by another court in the same case or in another lawsuit , even amended it after that and it has to take his own admission to the council 's investigative. 
VIII required to acknowledge that ICON has been issued as a result of coercion material, literary, promise or the feast. 
IX may be divided approval and taking what the court deems it right and put Maaadah is he may not be interpreted or hashed if it is the only evidence in the case. 
Article 60 
if the court heard testimony and codified in the record and then the whole court or changed some of its members court Hlhzh that based on Eldonh of previous court testimony control her own motion or at the request of the military prosecutor or the accused or his agent that the cost of all witnesses , or one of them toappear before it again if it deems so necessary. 
Article 61 of the 
military court to postpone the trial to time as it deems appropriate in view of the absence of a witness or for any reason , a brother and have to be transferred replace meeting within the region Lay the reason you see that tells the commander of the assignment so before moving. 
Article 62 of the 
military court to accept the killings testimony of the victim alone issues when it is under the fear of death as evidence in relation to the crime perpetrator and any other matter related. 
Article 63 of the 
military court to accept the answers of the accused and his words before any investigative authority in any other crime if they spend to show that he committed this crime investigated and it may not accept those answers if denied by, and there is evidence that the health of denial. 
Article 64 
if a person is present in the investigation or at the trial not understand the language of the investigation Jazz set translates his words after administer the oath sworn that translates honestly. 
Article 65 
First : the military court at any time before the verdict that offers amnesty to the accused in a dangerous criminal intent to get his testimony against the other perpetrators , provided that submit a statement is true and complete all Mayalmh of the conditions of the issue . if accepted this offer hear testimony and Tiqy described accusing even the decision issued in the case. 
Second , if the amnesty offer of the accused did not provide full proper statement, whether it hide itintentionally any order of importance or Padrih false statements then drops right to pardon him and is being investigated or tried for the crime that he was offered a pardon in respect thereof , or any other crime associated with it and considered his words shown by evidence against him. 
III if the court found that the statement made ​​by the accused properly and fully decide to stop legal proceedings against him in full or release. 
Article 66 
decides the military court the amount of necessary expenses disbursed by the witness to the state treasury borne. 
section IV 
trial underweight civil 
Article 67 
First : if it turns out during the investigation or the trial that the defendant is unable to defend himself for his injury disability in his mind or necessary, a mental examination to determine the criminal responsibility shall be suspended investigation or the trial decision of the Board 's investigative or court and placed the accused under guard in one of the official health institutions for mental diseases if charged with a crime may not be thereleases them on bail, while in other crimes is placed on an official health institution or informally at his own expense or the expense of his family at the request of those who legally represents and bail someone underwriter and costing an official medical body competent to examine it and submit a report on his mental state. 
Second : if it turns out the report of the committee provided for in item [first] of this article that the defendant is unable to defend himself shall be postponed investigation or trial to the time back to him his senses and placed under guard in an official health institution if he is accused of a crime is not allowed bail, while in other crimes may be handed over to one of his relatives on bail guarantor people from taking the pledge to treat it . 
III if it turns out the report of the Medical Committee that the defendant is not liable criminally for the injury time of the crime impairments in mind the Court and decides not to his responsibility and hand it to one of his relatives to meet pledged to due diligence him. 
section V 
charge 
Article 68 
first must - and paper charge containing the accused quartet, title and description name legal crime or their descriptions , which is enough to surround the note of the legal provision applicable to them and the date crime and place of their occurrence and the victim and how to commit and other things that would clarify thecharge. 
Article 69 
First : must liberate independent charge each crime separately. 
Second military Court and until the verdict was correct every mistake in the paper charge leads to mislead theaccused and have modified the charge or change them if required 
III reads the correction or amendment in the charge to the accused and explain to him. 
IV military court after amending the charge to cost attendance of any witness intent asked what he has to do that amendment. 
Article 70 
shall prosecute the accused for each charge separately and may several charges in one case the collection that does not exceed the number for three counts , and not be a so effective conduct of the trial. 
Article 71 
if charged with more than one person at one crime or several crimes committed during a single act of accusing someone of committing a crime and was charged last inciting them or attempted to commit may be accused and tried together or separately at the discretion of the military court. 
Article 72: 
First - if it is shown during the trial that the defendant has committed a crime he did not write down in a paper charge and has no relation to the case pending before the Court is being codify his words it regulates Mahzer so and sent to the commander of the assignment to its filing to the unity of the accused to take legal action against him. 
Second - if it emerged during the trial that one of the witnesses is an actor 's original crime or a partner arereturned the case to the ordered assignment for the purpose of depositing the Ribs Council investigative or based investigation for the primary investigation and forwarded to the court the charges against him in order for the court trial. 
Article 73: 
First : if the ratios of the accused to commit multiple crimes take action against him , claiming one in the following cases: 
a . if the crimes are the result of a single act. ( 
b ) whether the crimes resulting from actions linked to each other to bring them together and unity of purpose. (
c ) whether the crimes of one kind and signed by the accused himself as the victim himself , even at different times. ( 
d ) whether the crimes of one kind and signed within one year on the victims multiple condition that not exceeding the number to three in each case. 
Second is crimes of one type if punishable by one type of punishment under one article of a single law. 
Article 74: 
take the measures provided for in Article 71 of this law in a suit and one even accused the multiplicity ofwhether they are actors or partners. 
Alpher p sixth
Verdict 
Article 75: 
First : If the court is satisfied that the outcome of the trial that the defendant committed the charged him areissued its ruling conviction and the sentence imposed upon that. 
Second , if the court is satisfied that the defendant did not commit the accused him or found that Misnad mechanism of action does not fall under any punitive text are issued its ruling pleaded not guilty to the charge assigned to him. 
III if the court finds that the evidence not enough to convict the accused are issued its decision to cancel thecharge and release him. 
IV if the court finds that the defendant Garmesaol legally do are issued ruling declaring responsibility with measures prescribed by law and the Court may rule on compensation civil that have had appropriate. 
V. cleared the accused suspended when the decision of guilty or not his responsibility or his release if not required or detained or convicted for another reason. 
VI if it appears to the military court during the trial that the case before it , outside their competence and within the jurisdiction of another court martial or a civilian are issued its decision after the jurisdiction and the decision as governor to challenge discrimination. 
Article 76 
First : includes judgment or decision on the name of the President of the Court and its members and the name of the accused and the other opponents of military public prosecutor and the lawyer described the crime withwhich the accused and the article and legal grounds of Court to issue a ruling or decision and the reasons for the reduction of sentence or renewal of that judgment include the penalty on the original sanctions dependency, as well as money and the things that the court decided refunded or confiscated or destroyed and sign thePresident of the Court and its members on each rule or decision with the codification of the date of issuance and stamped the seal of the court. 
Secondly - issued judgments and decisions by consensus or by majority and the offending member to explain his opinion in writing and participate in expressing an opinion on the appropriate punishment for a crime inwhich the verdict was issued. 
III if issued court death sentence , it should explain to the convict that leaves his lawsuit will send automatically to the military Court of Cassation to consider discrimination rule and the convicted person or his agent may appeal against the ruling by the military Altkez court within [30] thirty days starting from the day following the date of the judgment. 
Fourth - it is not for the Court to reverse the judgment or decision by or change or alter it , but to fix error amaterial that shall be noted in a footnote to the judgment or the decision is part of it. 
Article 77 
is not permitted to prosecute a person a second time for a crime he became its ruling prohibited or for another crime based on the facts of the crime only if he is found guilty in the emerging crime the act of the reason for the results to be acceding to it act different from the crime for which certified the rule where the convicted may be tried later for the crime a crime if you do not get the results or the court did not know the time of obtaining judgment convictions. 
Chapter V 
trial in absentia 
Article 78. 
permissible military trial in absentia when the commission of the offenses set in the military Penal Code or other penal laws so when you check the following cases 
first - if he left the military unit without a legitimate excuse 
secondly - if unknown place of residence 
Third - if unable to bring him 
Article 79. 
to Atjra military trial in absentia only after a preliminary investigation duly 
Article 80. 
upon receipt of the military court papers investigative own military accused the required trial in absentia issued a resolution containing summoned to appear before them during the [30] thirty days from the date ofpublication of Alaqrarvi two local daily newspapers and attached a copy of it in the place of the military establishment that was known and the municipal Council of residence that includes this decision: 
First : the type of offense and Article Aleghanoanh 
Second unnecessary presence within the period specified in this article and when not attending the trial inabsentia and book the movable and Agheirmnicolh will take place if the charge was assigned him a felony. 
Third: authorize public officials to track him down. 
Fourth: bind everyone knows the whereabouts of his disappearance to tell the military authority to do so. 
Article 81: 
if the military ladder sentenced in absentia to himself or arrested within one year from the date of declaration of default judgment becomes his sentence expired and conducting Mhakth again in accordance with theprovisions of this law in the case of the expiration of the specified period and his absence is a default judgment is like the referee Alujaha and subject to legal methods of appeal and met him the amount of the award compensation of movable and Agheirmnicolh. 
Article 82: 
sentenced funds managed in absentia as the designated management absentee funds in accordance with thelaw. 
Article 83: the 
absence of one of the accused not be a reason to delay the trial of the accused In the present case the verdict isgiven the right to present and Jahia rightly absentees absentia.
Chapter VI 
Remedies 
first branch discrimination 
Article 84 
first - both ordered the assignment or his nominee and the convict or his agent and the prosecutor military affected the military and the prosecutor the right to personal discrimination verdicts of the military court 
secondly - marked by the verdicts of military courts in misdemeanor crimes linear Regulation submitted to theCourt of Cassation , either directly or through the military court that rendered the judgment by [30] thirty days from the day following the date Tfahim sentence for the convicted and [15] fifteen days from the day following the date of notification to the affected military party or the plaintiff the right to personal and the military prosecutor or legal Consultation send an issue with remarks is available directly to the Court of Cassation , or upon request from the court mentioned. 
Third - characterize the verdicts issued by the military court penalty of expulsion from the army for officers toRegulation submitted to the Court of Cassation by order assignment through [7] seven days from the day following the date Tfahim government and the military prosecutor or legal Advocate that encloses Maldih of court papers. 
IV be discriminated verdicts of military courts in crimes and mandatory 
V - commander of the assignment sends leaves the case to the Court of Cassation within [30] thirty days from the date of delivery to him. 
VI . - when a regulation discriminatory to the Court of Cassation orders president to bring in securities of ordered assignment , which referred the case to the trial court. 
Seventh - may reverse discrimination provided under Section II of this article within the period Aleghanoanh discrimination becomes then outright rule. 
VIII include Regulation discriminatory a distinctive name and featured him and summary judgment and the date and the name of the court which issued the material and legal reasons that it is based on discrimination and liabilities. 
Article 85. 
First : may be challenged discrimination in the verdicts issued by the military court for one of the reasons thefollowing 
A- there is no provision in the law punishes the incident of the judgment. ( 
b ) for mis-application of the provisions of law on the incident issued by the government. ( 
c ) lack of jurisdiction of the military court to conduct the trial. ( 
d ) the emergence of a substantial mis - estimation of evidence. ( 
e ) non - observance of the fundamental provisions of fundamentalism, which would turn the point of the investigation and trial and affect the governance and the original sentences in the fundamentalist grounds that the proceedings relating to the form has been taken into account during the trial unless they are found to be neglected or Julvt and neglected or running, leading to damage to the sentenced person in his defense , and affects judgment. ( 
f ) not to establish a military court under the provisions of this law ( 
g ) one of the court in the judgment subscription with a request for response and demand was legally unacceptable 
h- counting contain the judgment on the reasons which justified. 
Second - to overturn a ruling by one of the cases provided for in paragraphs [a] and [b]and [ c] and [and] and [g] of the item [first] of this article entails the invalidity of all the actions that preceded the issuance. 
Article 86. 
First : the Court of Cassation after perusing the lawsuit papers to rule on one of the faces of the following: 
a . ratification verdict condemnation original, sanctions and dependency Wi - paragraph Other judgmental. ( 
b ) certification judgment of acquittal or a lack of responsibility or decision - release or any rule or resolution in the case. ( 
c ) ratification convict with mitigation of punishment. 
D. ratification convict with a back court papers to the court to re look once in a sentence in order to tighten 
e re leaves the issue to court once to reconsider the acquittal order to convict the accused. ( 
f ) set aside the judgment of conviction , the original dependency and sanctions any paragraph Other judgmental and innocence or cancel the charge and release him and release him. 
g- veto the judgment of conviction and sentence and re - sheets the case to the Court to hold the trial again , inwhole or in part. ( 
h ) set aside the judgment of acquittal or a lack of responsibility or decision - release or any judgment or another decision in the case and re - sheets cause to hold a trial or investigative judicial them again. 
Second - show the Court of Cassation in its ruling the grounds of the promulgation. 
Article 87. 
First : if the Court of Cassation overturned the verdict return the case to the commander of the assignment ,which he returned to the competent military court to conduct the trial and the court insists on the previous regime after the statement of the reasons for its determination or issue a ruling last . 
second , if insisted the military court on Almnicod judgment Vlmgmh discrimination to decide on the case. 
section II 
re - trial 
Article 88 - for 
each of the ordered assignment or his nominee and the convict or his agent or the military prosecutor damaged military equipment and the prosecutor the right personal or his demand from court Federal discrimination correct legal error in the judgments and decisions issued by the military Court of Cassation problem ,according to this law and the judgments and decisions of discrimination internal security forces Court ofproblem law of criminal Procedure of the internal security forces No. [17] for the year 2008 based on the provisions of articles [266 269] of the Code of Procedure Code penal number [23] of 1971 average. 
Article 89 - for 
each of the military Prosecutor and the convicted person or his or ordered his unit or his heirs or relatives or guardians military and the party affected and the prosecutor the right personal or his heirs or legal Advocate theright to submit the request to the Secretary of defense for retrial in the lawsuit , which was issued the verdict is the death of a felony or a misdemeanor in the following cases. 
First - if the judge accused of murder and the prosecutor was found to kill him alive. 
Second if he had sentenced a person to commit a crime and then issued a final judgment on another person for committing a crime the same was among the provisions contradiction of go with the innocence of a convicted them. 
III if sentenced to a person based on the testimony of a witness or an expert opinion or support and then was sentenced to a pat on the witness or expert Baquba perjury for this certificate or opinion or passed judgment rigging Sindh. 
if IV emerged after the verdict facts or documents presented at trial was unknown and that would prove theinnocence of the convicted person. 
V. if the verdict was based on the judgment set aside or canceled after that the methods stipulated by law. 
VI if he had been sentenced to conviction or innocence or a final decision to release or the like for the act itself ,whether the fact that an independent act of a crime or circumstance to them. 
VII if they had landed the crime or the punishment of the accused for any legal reason. 
Article 90 
First : the Minister may, at the request of his right to request a retrial that filed the case to the military Court ofCassation to consider. 
Second to Initiating a retrial stop the execution of the sentence unless he issued death. 
III if you find the General Authority for military Court of Cassation that the request for retrial unjustified anddecides to re - trial and refer the case papers to the military court , which issued government desired a retrial in the will , or to any other military court to hold the trial in accordance with the provisions of the law. 
IV if it was not possible to attend all the stakeholders before the court hearing required to issue a retrial which are considered by the court in the case in the presence of the military prosecutor and who are the stakeholders and then control what appears from the facts and issue a ruling by the make it clear that most of the former ruling this ruling is subject to appeal in accordance with the provisions of this law. 
V. if the convicted person has died after a request for a retrial you continue the court to hold a trial , and if therule was issued to cancel the previous sentence Fa effects of this provision eliminated all.
Chapter VII 
Execution of the judgment the 
first branch of the 
implementation of the death penalty 
Article 91 
First : the implementation of the death penalty , the military against firing squad after the acquisition of the verdict issued by the degree of bits military court and the issuance of a presidential decree to implement it . 
Second is the implementation according Mayati: 
A- determine yard throw appropriate depending on the circumstances or any another place determined by theMinister. ( 
b ) forming a detachment of not less than [12] twelve soldiers with their weapons from the convict or of Saraya one stationed units in place Atid led the officer orderlies. ( 
c ) sentenced to attend death guarded the yard force after stripped of all military ranks, signs and recited by theruling Republican Decree. ( 
d ) implementation attend the head of the military court that rendered the judgment or one of its members and the Prosecutor General 's military and a military doctor and a cleric. 
inadmissibility of execution in the days of holidays and bank holidays. 
section II 
implementation of negative punishment for freedom of 
Article 92 
First - military Court , which issued Adapted judgment rule regulating including the name of the court and summary judgment and the date of issuing a legal provision sentence and the identity of the convict, and sends it to is the unity of the convict for implementation. 
Second regulate the military Court of Cassation after the end of the checks discriminatory Adapted governance and sends it to the commander of the unit convict for implementation. 
Article 93 
First : implement the penalty of imprisonment in a military prison if the one - year or less but if the term ofimprisonment of more than one year or the penalty directing or expulsion from the army with the confinement Vioda sentenced by the Iraqi reform circle after gaining referee degrees bits. 
Second - apply the provision of clause [first] of this article on the verdicts of military against the civilian courts. 
III may be sentenced to military deposit of non - military court for committing a felony, in the position or thecivil prison before the judgment gained degrees bits. 
Article 94 is 
implemented , commander of the unit row sentenced to different kinds of detention in accordance with theprovisions of the military Penal Code. 
Article 95 
First : calculated for the arrest of the convict period of the sentence. 
Second calculated length of stay of the convict in the hospital after the verdict , the duration of the prison sentence , unless it emerged that his stay in the hospital was because Tmardah according to a medical report and intent to delay the execution of the judgment. 
Article 96 
First : does not prevent discrimination verdicts of military courts in cases other than death, expulsion and output from its implementation. 
Second Court of discrimination based on a reasoned application by the convicted person or his legal representative and convinced him Court, order postponing the implementation of distinctive judgment until the discriminatory provision. 
Article 97 
when was the execution of the judgment actual order and unity of the convict that restores the referee 'sdecision to the court which issued with the marking on it to indicate how the implementation and the court that linking him with court papers. 
section III 
fines and compensation 
Article 98 
first - resolved fine of salary received by the convict by not exceeding a quarter of his full salary and be expelled from the army or out before paying all fines are implemented imprisonment sentence him instead at theremaining of the fine , unless paid or offered a guarantor guarantor to pay the amount . 
Second , if the Court of Cassation ruled the convict 's innocence or reduce the amount of the fine adjudged by the amounts are returned entirety updated him when innocence and overload them when mitigation. 
Article 99 
First : a sentence of compensation funds reserved sentenced according to the law. 
Second , if it did not stop money sentenced to pay the amount of the compensation awarded Faihsm five full salary as long as the ongoing service. 
III in the case of the end of the actual relationship of the convict serve the remainder of his trust to pay theamount of compensation at once , and when you do not bring a sponsor to pay the guarantor to pay theamount.
Chapter VIII 
Conditional release 
Article 100 
First : the court that rendered the judgment or the court replaced decide to release a policeman for convict sentenced original restricted freedom if he went three - quarters of the duration and the court finds that he might unbend walking and good behavior to be less time spent on the [6] six months, and whether sanctions issued alternately calculated duration on the basis of a whole regardless of if it exceeds the upper limit to implement them in law and calculated from the sentence carried out for the arrest of this for the same case. 
Second : a request for the conditional release of the convicted person to the court that issued the judgment or Court replaced requests this court of directors of any of the role of the Iraqi reform in which the convict hasspent the sentence or from any of those responsible , a statement on his behavior, and it may conduct any investigation they deem appropriate , after listening to consult the military prosecutor issued its decision torelease a policeman or cold demand. 
III if the court issued its decision to release the policeman, according to what is stipulated in item [Second] of this article stop implementation of the remaining of the original sentence and has released a policeman so liberally from the Iraqi Dar reform administration or charge him and warns it that if committed felony or misdemeanor intentional, the decision to cop his release would be null and then release him immediately. 
IV if the response request release is not renovated accept only three months after the issuance of a decision torespond only if the answer to the causes of formality Viqubl after completion formal deficiency. 
V. if the rule on the released policeman penalty restricting the freedom of not less than [30] thirty days for afelony or a misdemeanor intentionally committed during the probation period or had been committed by the decision of the conditional release and was sentenced to a period of at least two years and gained a judgment become final it is issued court decision to cancel the decision to parole right and he was arrested and jailed for implementing Maoagaf implementation of sanctions. 
VI if ago period , which stopped the implementation of the sentence without a decision to cancel the decision ofconditional release in accordance with the provisions of subsection [V] of this article fell for the released policeman sanctions halted its implementation. 
VII . it is not permitted to release a policeman for: ( 
a) the offender return who was sentenced to more than the maximum penalty for the offense. 
TRUSTe sentenced for a crime against state security or the crime of counterfeiting currency or stamps or government bonds. ( 
c ) sentenced for the offense involving moral turpitude. 
e . the decision was made ​​to cancel the decision of the officer his release. 
VIII court case papers sent within [15] fifteen days from the date of issuance of the decision to release thepoliceman or refund request to the Court of Cassation by something assignment or his nominee to consider discrimination in the decision and the Court of Cassation , the ratification of the decision or undone and re -papers to her court to complete any action or any separates are in demand. 
Chapter Nine 
transfer case 
Article 101 
First : may transfer the case to another court to the decision of the military Court of Cassation on therecommendation of the legal department if required security conditions so or if transportation helps theemergence of the truth. 
Second : a request for the transfer of the case from the military prosecutor or the victim or the defendant or theplaintiff the right to personal or their representatives by law. 
III raises the demand with the suit and Ray Court subject to the legal department to study and opinion, and then submit it to the military Court of Cassation. 
IV military Court Altmiez the application is accepted or rejected by the decision of the reason for the decision shall be issued in this regard prohibited. 
Article 102 
First : the commander in Chief of the armed forces and the proposal of the Secretary of defense to request the Court of Cassation to stop the investigation or trial in a permanent or temporary for a period of not exceeding [3] Three years of military right if the crime arising from official duties or because of them. 
Second scrutinizes military Court of Cassation case before it and issue its decision to suspend legal proceedings permanently or temporarily for a period not exceeding [3] three years if found Meiberr it or reject the request. 
III may be replaced for the temporary suspension of legal proceedings to a final stop, according to theprocedures stipulated in items [first] and [II] of this Article. 
IV is not permitted to stop the legal measures are in offenses against the internal security of the State or outside or crimes of financial and administrative corruption and crimes against decency and public morals . 
Chapter atheist ten 
pieces of military salary 
Article 103 
First : does not deserve military salary and emoluments for days spent in absenteeism and absenteeism and escape. 
Second worth of military half of his salary and emoluments for days spent in: ( 
a) the arrest. 
b prison when sentenced to imprisonment is associated Baquba , expulsion or output from the army. ( 
c ) the hospital or when to enjoy sick leave due to attachable hurt himself as a result of negligence. 
III distract the military the second half of his salary and emoluments in the cases provided for in paragraphs [a] and [b]of the item [second] of this article when the verdict Baht innocence or release him for lack of evidence against him. 
Chapter XII 
final provisions 
Article 104 
provisions of the Code of criminal Procedure No. apply [23] of 1971 , unless otherwise specifically provided in this law. 
Article 105 
if a person asked to provide him a copy of the judgment or the decision to touch him issued by a military court or to achieve the authority shall be supplied for free. 
Article 106 
is the Minister or his nominee forms, forms and records required by the application of the provisions of this Alaguenon. 
Article 107 
repealed the assets of the military trials Law No. 44 of 1941 and Act the tail of the assets of the military trials Law No. 177 of 1975 and the law of legal notices for the military No. 106 of 1970 and ordered the coalition Provisional authority [ now defunct] No. [23] for the year 2003 and the Code of military criminal Procedure No. [30] for the year 2007. 
Article 108 
that performs law from the date of publication in the official Gazette. 
reasons: in 
order to expand the scope of the law and the granting of the commander in chief of the armed forces and Minister of defense the authority to issue a decision the military include increasing the powers prescribed to theMinister and the investigating officer 's military, the judiciary and select a command settings in the imposition of specific penalty law validity in order to provide the necessary legal guarantees military to try and Jahia inabsentia and in all roles of the investigation and the trial and revisit the formations of military courts in line what has been established by the military judiciary.




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