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The Supreme Judicial instructions for the implementation of the amnesty law
8/29/2016 0:00
[rtl] BAGHDAD - Al- Sabah
issued a Supreme Judicial Council, theinstructions on the application of the amnesty law, which was recently passed by the House ofRepresentatives. The instructions issued on theformation of six central committees at theheadquarters of the Federal Judiciary, take it upon themselves to consider the verdicts of the criminal courts and the courts of misdemeanors peremptory in regards to the crimes covered by the provisions of the amnesty law. It also included judicial instructions too, considering the papers and proceedings for detainees and detainees and defendants sent from the security and military agencies in a number of cases, of which » thesignature of the detained more than three months in detention and was not presented to the court, and the signature of the accused more than eighteen months in detention havenot been the resolution of interrogation procedures.
Article 1 I. constitute six central committees at the headquarters of the federal judiciary a statement issued by the President of the Supreme judicial Council is made up of each of the judge of the first category and two from second class at least assume the tasks set out in articles (7 / II ), (9 / II) and (12) of the General Amnesty Law.
Second - may increase the number of central committees referred to in paragraph (i) of this Article by the volume of work and a statement issued by the President of theSupreme Judicial Council.
III assists the central committees of a number of and staff as needed in securing theadministrative work requirements therein.
IV does not proceed with the central committees of its functions , but the presence of arepresentative of the prosecution.
Article 2 First : to be referred to the Central Committee of the tasks in Article (1) of these instructions as follows:
1 - consider verdicts issued by criminal courts and tribunals misdemeanors peremptory in regards to the crimes covered by the provisions of the amnesty law issued on 25.8.2016 sent issues of criminal courts and misdemeanor courts at the request of stakeholders or the public prosecutor. And the issuance of the decision turn stems within a period not exceeding six months. The decision shall be subject to appeal as distinct from the victim or of the public prosecutor before the Federal Court of Cassation in criminal cases and in front of the Court of Appeal as discriminatory in misdemeanor cases, within thirty days from the date Althblg decision.
2 - A look at the convict request of a felony or misdemeanor claiming that his confession had been extracted under duress or that the legal action taken against him based on ( asecret informant) or recognition of another suspect him and required to be objector sentenced was built on one of the reasons advanced mentioned and gained become final or still under checks discriminatory, not including the verdicts in absentia in felonies because they do not acquire the degree of bits , but, according to the draw articles (247 and 254) of the criminal Procedure Law No. (23) for the year 1971. (
b ) Central Committee scrutinizes objector judged by both the formal and the substantive and issue its decision to accept the request or reject it by judicial conviction based evidence arguing and decide on admission to return the lawsuit to the court that issued the judgment or replaced for a judicial investigation and the trial again and the decision shall be subject to appeal by the victim or of the public prosecutor before the Federal Court of Cassation in the verdicts of the criminal courts and in front of the Court ofappeal as discriminatory verdicts issued by the misdemeanors court within thirty days from the date Althblg decision.
c - does not implement the Central Committee 's decision until after the acquisition become final.
d - Central Committees stipulated in Article continues (1) of this instruction accepting applications for one year from the day following the issuance of these Help to complete its work within a period of two years issued.
3. a look at the papers and proceedings for detainees and detainees and defendants sent from the security and military agencies in the following cases:
I. if he spent detained more than three months in detention and was not presented to thecourt.
Secondly - if He spent the accused more than eighteen months in detention have not been resolved interrogation procedures.
III if it goes for more than one year from the date of referral of the accused to thecompetent court did not resolve the claim.
b - the Central Committee of the Securities decide and decide what you see on covered by the provisions of the amnesty law General dated 25/08/2016 of the Central Committee the powers of an investigating judge and enjoy in this regard.
c - does not implement the Central Committee 's decision until after the acquisition become final.
Article -3 First formed in the center of each appellate district found within the region prison or the headquarters of the deposit of the events committee headed judge of thefirst category and a representative from the Ministry of Justice and Ministry of Interior and the Ministry of Labour and social Affairs of not less than the degree of any of them for the degree of general manager
- secondly - the Commission mentioned in the first of this article use deems to assist itin the performance of their tasks.
III Committee holds above deciding request the replacement of the remaining term of asentence of imprisonment or confinement or deposit if he spent demanded thereplacement of at least one third of the length of sentence, and shall issue its reasoned accept the replacement request or refusing whose decision shall be subject to appeal before the Court of appeal as discriminatory.
Fourth - An application for replacement to the prison administration or to the repair events mandated by the guest or the depositor circle of the sentence or the duration of the deposit and the department concerned to refer the request to the committee provided for in item (i) of this Article , within a period not to exceed thirty (30) days from the date of submission , together with a report on the biography of replacement student .
V. if the Commission mentioned in item accepted (i) of this Article demand spend obliging replacement demanded payment of an amount of ten thousand dinars for each day of the remaining days of his sentence and paid a single payment to the Commission accountant under arrived and it opened a special account in the state bank the amount paid is filed it in fine Bdlah and cleared for parking or depositor when you make theamount of the fine substitutionary.
VI apply the provisions of Article (3) of these regulations on inmates and depositors of the governed in accordance with the crimes set forth in items (Fourth, Seventh, Eighth, Eleventh, third ten) of Article (4) of the general amnesty issued on 25.08.2016 law.
VII to does not violate replacement implementation of sanctions ancillary and supplementary and precautionary measures and requests for compensation.
Article - 4 - is investigating courts, misdemeanor courts , crimes and events verify the non - inclusion of student comprehensiveness law of general amnesty issued on 08.25.2016 by including formerly a law of amnesty No. (19) for the year 2008 or aspecial pardon before issuing its decision.
Article 5 - carried out these instructions from the date of issuance and shall bepublished in the official Gazette and the Supreme Judicial Council to issue supplemental instructions to these instructions whenever I need it to do so. judge Medhat al Mahmoud , head of the Supreme Judicial Council[/rtl]
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