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The full text of the General Amnesty Law
8/27/2016 0:00
[rtl] BAGHDAD - morning to
resolve the House, the vote on the amnesty law, which was postponed approval many times, before fueling paragraphs compatibility between all the blocks, which passed a law , a majority ofmembers, during last Thursday 's meeting, chaired by Salim al - Jubouri, saw the presence of 262 deputies .
and it will ensure that the law, which faces a mixed reaction in the social and political two mediums, a general amnesty for all Iraqis sentenced to death or to a penalty or negative measures of freedom provided a waiver with the victim, excluding from that amnesty both of the crimes stipulated in the Iraqi High Criminal Court law No. ( 10) of 2005 ( as amended) does not apply to the provisions of Article (10) of this Aleghanon.kma excluded law, an amnesty for people who committed the terrorist crime that gave rise to the killing or permanent disability and the crime of subversion of state institutions and the crime fight the Iraqi armed forces and all the terrorist crime contributed to commit aids, abets or Alag.ons the new law, as in the case of "committed pardoned under the provisions of this law , intentional felony within five years from thedate of the exemption implemented sanctions against him exempt from them and move penal measures against him if he had been relieved by the League investigation or trial ".uazat draft bill, which got the " morning "a copy of it, the reasons which were voted for it on a " general amnesty "to" provide an opportunity for those who cover of Iraqis in return for integration into public life and to foster a spirit of tolerance and reform in community. " General Amnesty law of 25 August 2016 based on what was adopted by Parliament and ratified by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (iii) of Article (73) of the Constitution. issued the following law: - No. () for the year 2016 General Amnesty Law Article 1 shall be exempt general amnesty for Iraqi sentenced to death or to a penalty or negative measures of freedom ,whether governance and Jahia or in absentia, acquired a degree of bits or not acquired ,and without prejudice to civil or punitive or disciplinary responsibility. Article - 2. theprovisions of Article shall apply (1) of the Act on the accused all except those who committed any of the crimes stipulated in Article (5) of this Act , whether taken legal proceedings against them or who have not submitted complaints against them , whether their cases in the role of the investigation or in the role of trial and are released than hasbeen captured , including the decision of the court referred to in Article (8) of the Act after gaining its degree of bits. Article-3- relieved a general amnesty for Iraqi sentenced to death or to a penalty or negative measures of freedom , whether governance and Jahia or in absentia acquired a degree of bits or not acquired if the victim and theprosecutor the right profile of the foreign occupying forces up to (2011) not to be convicted of murdering an Iraqi. Article 4 is required to implement the provisions ofarticles (1) and (2) of this Act waiver complainant or with victim before an investigating judge or the competent court and pay the resulting owed covered by the provisions ofthis law financial obligations for the benefit of the state or the people. Article -5- exempted from the provisions of this law the perpetrators of the following crimes: - I. crimes stipulated in the Iraqi High Criminal Court law No. (10) of 2005 ( as amended) does not apply to the provisions of Article 10 of this law. Second terrorist crime that gave rise to the killing or permanent disability and the crime of subversion of state institutions and the crime fight the Iraqi armed forces and all the terrorist crime contributed tocommit aids, abets or agreement . III offenses against the external security of the state and the internal stipulated in articles (156) to (198) of the Penal Law No. 111 of 1969 ( as amended). IV trafficking offense or crime of possession and use of silenced weapons and explosives, weapons with special classification . V. human trafficking crimes and all that falls under the title of (captivity) by Maastalh him when takfiri and terrorist groups. VI kidnappings that grew up in the death of the kidnapped or anonymity destiny events or permanent disability. VII crime of smuggling jailed or imprisoned or arrested and thecrime of harboring convicted or accused for the excluded in this article crimes if not convicted or charged with a spouse or close to the first division. VIII crime of drug trafficking. IX rape, sodomy and incest. X. embezzlement and theft of state funds and wasting public money deliberately what did not pay off his trust of money before being released. eleventh - smuggling of antiquities crimes. twelfth - the crime of money laundering. thirteenth - the crime of counterfeiting currency or bank notes or securities and the crime of falsification of official documents , which led to obtain forged a functional degree in the angel of the state director general and above , taking into account the provisions of Article (4) of the provisions of this law. Article 6 exempted from the provisions of this law included a general amnesty law No. (19) for the year 2008 or a special pardon. Article 7 I. Guest or depositor sentence verdict and spent at least athird of the length of sentence replacement request the remainder of the sentence or measure a fine. Second , the amount of the fine (ten thousand dinars) for each day of the term of imprisonment or confinement or deposit. III form Commission to consider replacement requests , headed by (judge of the first category) and membership of arepresentative from each of the (Ministry of Justice - the Interior Ministry - the Ministry of Labour and social Affairs), not less than the degree of general manager for theCommission to use it deems appropriate to help them to do so. IV offers replacement request to the prison administration or to the repair events where guest or depositor serving a sentence or measure a circle, and the department concerned to refer therequest to the committee provided for in clause (iii) of this period within a period not toexceed thirty (30) days , together with a report on the biography of student replacement.V. Committee issues causing grant or refuse a decision in the case denied the request of the aggrieved to appeal the decision before the Court of appeal as discriminatory. VI .if you accept the request for the redemption reimburse the amount of the fine provided for in item (ii) of this Article to the Commission at once and restricts in a special account opened in one of the state banks for this purpose. VII does not prejudice thereplacement of the implementation of sanctions ancillary and supplementary and precautionary measures and requests for compensation. VIII cleared for parking or depositor when you make the amount of the fine. IX provisions of this Article shall apply to covered items (IV, V and VIII . and IX and twelve and fourteen) of Article (5) of theprovisions of this law. Article 8 First - the investigative judges and competent courts apply the provisions of this law in cases before them during the thirty (30) days and aggrieved by the decision of the appeal it through the (30 ) thirty days from the date ofissuance , to the Federal Court of discrimination with regard to crimes of felonies and infront of the Court of appeal as discriminatory in relation to misdemeanor offenses.Second displays all claims covered by the provisions of this law , which gained its decisions have become final on the committee in paragraph (ii) of Article ( 10) of the Act for a decision within a period of not more than (six months). III each interested party may contest the decision of the committee formed in clause (ii) of this article before theFederal Court of Cassation in relation to criminal offenses and in front of the Court ofappeal as discriminatory in what regard to crimes of misdemeanors and infractions during the thirty (30) days from the date of notification of the decision. IV on thecommittees formed under this law , notice the depositor has sentenced or suspended, the decision issued by the division after the acquisition of peremptory. Article 9 if committed pardoned under the provisions of this law intentional felony within five years from the date of the exemption implemented sanctions against him exempt from them and move penal measures against him if he had been relieved by the League in theinvestigation or trial. Article -10- First : convicted of a felony or misdemeanor, including the perpetrators of crimes excluded Article (5 ) from the provisions of this law he claimed to extract his confession under duress or taken legal proceedings against him based on testimony confidential informant or recognition of another defendant demand from thecommittee formed in paragraph (ii) of this Article auditing judgments and decisions in cases that have gained their decisions become final or in checks discriminatory check the verdicts of both the formal and objective and demand a retrial for the Commission discretion to do to re - investigate the unforeseen lawsuit by it. second pose in theSupreme Judicial Council , a central committee and one or more (three judges) class I or II to consider the request in accordance with the provisions of paragraph (i) of this article and the injured party to appeal the decision issued by the Commission before the Court of Cassation in the decisions and verdicts in criminal within thirty days from the date ofnotification decision and before the Court of appeal as discriminatory decisions and verdicts in misdemeanor cases within thirty days from the date of notification ofresolution is not implemented the Committee 's decision until after the acquisition become final. III does not proceed with the committee in paragraph (ii) of this article only work in the presence of a representative of the public prosecutor. IV problem Committee in paragraph continue (ii) of this article to receive applications for a year starting from today next to the issuance of regulations and instructions to facilitate the implementation of the provisions of this law would end the committees work during a period of two years from the date of issuance of the regulations and instructions. Article 11 cut for thepurposes of this law , a life sentence to life imprisonment. Article -12- on security and military authorities and the courts show Securities suits for detainees and detainees and accused the committees formed under clause (ii) of Article (10) of the Act to consider their claims for both: the detainee A. , who has spent more than three (3) months of his detention was not brought before the courts. ( b ) suspect arrested has not been resolved interrogated more than (18) eighteen months after the start of his arrest. ( c ) the defendant referred to the Court his case has not been resolved for more than a year from the date of assignment. Article 13 the provisions of this Act shall apply to crimes falling before its effective date . Article 14 does not work with any provision contrary tothe provisions of this law. Article - 15. chairman of the Supreme Judicial Council issued instructions to facilitate the implementation of the provisions of this law. Article -16- this law is implemented from the date of approval in the House of Representatives. thereasons in order to provide an opportunity for those who Misdemeanor of Iraqis in return for integration into public life and to foster a spirit of tolerance and reform in society. this law was enacted[/rtl]
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