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Gaps "general amnesty" opens the door for the release of those involved crimes of terrorism and financial corruption
BAGHDAD / Amin Abdul Hadi
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Gaps "general amnesty" opens the door for the release of those involved crimes of terrorism and financial corruption
BAGHDAD / Amin Abdul Hadi
After less than a month to pass a law "general amnesty" controversial, unfolding scenes political deals that led to the adoption oflegislation that opens the door wide for therelease of terrorists and those involved crimes of financial and administrative corruption.
According to initial drafts of the law , "general amnesty" that exchanged three authorities since the beginning of the year 2015, and seen by the (range) recently, the legislature, or some of the political blocs, the empty legislation of its content, and neglected theobservations made by the Judicial Council on the project made by the Council of Ministers.
the outlook passing, discovers observer how parliament doubled the number of draft law provisions Amnesty, by the compromises that concluded the blocks between them, out copy - endorsed and are doing their own interests.
While the included version, presented by the Council of Ministers dated 04.03.2015, 8 items only, but the number of items has risen to 16 in the version approved by the parliament on 25 August 2016. this is what reveals the size of the manipulation that Aqahmth political compromises on the first drafts of the law, which was more accurate in dealing with terrorism offenses, and financial and administrative corruption.
no additions parliament only technically limited, but beyond it to the technical and legal in order to "general amnesty" measures the largest possible number of detainees and convicts include. Irregularities and concentrated on Article IV of the law that prevented a duplicate of the Council of Representatives. While characterized by the government version reasonable degree of reservation, commensurate with the higher interests of the country, it has been characterized by the parliamentary version of a lot of leniency, according to monitors.
Has been to circumvent the exception resources from the amnesty, which amounted to 13 paragraph, the amendments made by Parliament Council away from the version government, and proposals that attach theSupreme Judicial Council it on 18/3 / 2015 , he restored the Judicial Council with suggestions and reservations to the version that she received from the House of Representatives 17.08.2016, holding for which a joint session with the House Speaker Salim al - Jubouri.
while purposely version government with the exception of the crimes contained in the legal (anti - terrorism) and (penalties) for the security of the country 's internal and external, the copy parliament deliberately tolerated in these cases, and merely signals elastic and mysterious to in Article (4 / II).
it is noted that parliament lift the item , which contained version the government of the general amnesty, which excludes (offenses against statutory bodies), stipulated by the Penal Code.
and gives the parliament, according to the latest version of the amnesty law, perpetrators of crimes ofabduction is entitled to "amnesty" in the absence of cause of this crime to death or disability sustained or trance, contrary to the government version, and amendments to the Judicial Council, which excludes kidnappings in absolute terms of the "general amnesty". The government version provides in Article (3 / VIII) for an exception ( the smuggling of prisoners and those arrested and accommodation) to enjoy the amnesty, Parliament stipulated that amendments should not be convicted or accused (spouse or close to the first division). Such a paragraph that opens the door wide to cover up the criminals and terrorists, and facilitate drop them from prosecution, and helping to destabilize the internal security if the relatives of criminals and terrorists , helped to drop them from the law. Also it raised the parliamentary amendments to paragraph (Article 3 / IX), the government draft, which states that are excluded from the general amnesty (general risk) set forth in the Penal Code crimes.
And reflected the seriousness of the manipulation of the government draft of the amnesty law in Article (3 / XI ten) , which states that the excluded from the amnesty (bribery, embezzlement , and theft of state funds and theft associated with state crimes). This paragraph has become in a copy of Parliament (3 / X), as follows: (embezzlement and theft of state funds, and wasting public money on purpose, unless repaid his trust of money before being released.)
Comparing the simple reader discovers that the parliament included bribery crimes amnesty, unlike government version, it is also to make way for the perpetrators of crimes of financial and administrative corruption to enjoy procedures amnesty clause repay discharged state.
awarded parliamentary amendments involved forgery offenses (official documents) has the right to pardon acondition not to exploit it to get the post of general manager and above.
the present article , a copy of which deserted the government, the amendments eliminated, judicial precedent for an amnesty for the crime of forgery , even if this led to get less than the director general positions.Although the amnesty excludes smuggling imprisoned crimes (4 / VI) in the parliamentary version, drug trafficking (4 / VIII), and smuggling of antiquities (4 / eleventh), and counterfeiting of cash and securities official and editors (4 / thirteenth), but the article ( 6 / IX) of the parliamentary version convicts granted tothese crimes the right to retrial, also has the right to pay cash allowance of what is left of his sentence, if he had spent a third of them actually, contrary to the government version and amendments to the judiciary.
In (Article 10) to grant members of parliament terrorist organizations the right to a general amnesty if "the victim is the right profile of the foreign occupying forces until 2011 , not to be convicted of a crime Iraqis killed).
the present article intersection between the Liberal bloc claim a point, of the Sadrist movement, the Union offorces. while insisting bloc the first on the inclusion of what it calls the "resisters occupation" of its supporters measures pardon, strong union refused to set a condition of affiliation "resistant" to one of the terrorist organizations, which opens the door for belonging to terrorist organizations participated in the destabilization before 2011.
while states government version provided that the entry into force of the amnesty law , starting from the date of its publication in the official Gazette, provided a copy of parliament (Article 16) that the entry into force of the law be from the date of approval in the House of Representatives on 25 August / 2016.
According to initial drafts of the law , "general amnesty" that exchanged three authorities since the beginning of the year 2015, and seen by the (range) recently, the legislature, or some of the political blocs, the empty legislation of its content, and neglected theobservations made by the Judicial Council on the project made by the Council of Ministers.
the outlook passing, discovers observer how parliament doubled the number of draft law provisions Amnesty, by the compromises that concluded the blocks between them, out copy - endorsed and are doing their own interests.
While the included version, presented by the Council of Ministers dated 04.03.2015, 8 items only, but the number of items has risen to 16 in the version approved by the parliament on 25 August 2016. this is what reveals the size of the manipulation that Aqahmth political compromises on the first drafts of the law, which was more accurate in dealing with terrorism offenses, and financial and administrative corruption.
no additions parliament only technically limited, but beyond it to the technical and legal in order to "general amnesty" measures the largest possible number of detainees and convicts include. Irregularities and concentrated on Article IV of the law that prevented a duplicate of the Council of Representatives. While characterized by the government version reasonable degree of reservation, commensurate with the higher interests of the country, it has been characterized by the parliamentary version of a lot of leniency, according to monitors.
Has been to circumvent the exception resources from the amnesty, which amounted to 13 paragraph, the amendments made by Parliament Council away from the version government, and proposals that attach theSupreme Judicial Council it on 18/3 / 2015 , he restored the Judicial Council with suggestions and reservations to the version that she received from the House of Representatives 17.08.2016, holding for which a joint session with the House Speaker Salim al - Jubouri.
while purposely version government with the exception of the crimes contained in the legal (anti - terrorism) and (penalties) for the security of the country 's internal and external, the copy parliament deliberately tolerated in these cases, and merely signals elastic and mysterious to in Article (4 / II).
it is noted that parliament lift the item , which contained version the government of the general amnesty, which excludes (offenses against statutory bodies), stipulated by the Penal Code.
and gives the parliament, according to the latest version of the amnesty law, perpetrators of crimes ofabduction is entitled to "amnesty" in the absence of cause of this crime to death or disability sustained or trance, contrary to the government version, and amendments to the Judicial Council, which excludes kidnappings in absolute terms of the "general amnesty". The government version provides in Article (3 / VIII) for an exception ( the smuggling of prisoners and those arrested and accommodation) to enjoy the amnesty, Parliament stipulated that amendments should not be convicted or accused (spouse or close to the first division). Such a paragraph that opens the door wide to cover up the criminals and terrorists, and facilitate drop them from prosecution, and helping to destabilize the internal security if the relatives of criminals and terrorists , helped to drop them from the law. Also it raised the parliamentary amendments to paragraph (Article 3 / IX), the government draft, which states that are excluded from the general amnesty (general risk) set forth in the Penal Code crimes.
And reflected the seriousness of the manipulation of the government draft of the amnesty law in Article (3 / XI ten) , which states that the excluded from the amnesty (bribery, embezzlement , and theft of state funds and theft associated with state crimes). This paragraph has become in a copy of Parliament (3 / X), as follows: (embezzlement and theft of state funds, and wasting public money on purpose, unless repaid his trust of money before being released.)
Comparing the simple reader discovers that the parliament included bribery crimes amnesty, unlike government version, it is also to make way for the perpetrators of crimes of financial and administrative corruption to enjoy procedures amnesty clause repay discharged state.
awarded parliamentary amendments involved forgery offenses (official documents) has the right to pardon acondition not to exploit it to get the post of general manager and above.
the present article , a copy of which deserted the government, the amendments eliminated, judicial precedent for an amnesty for the crime of forgery , even if this led to get less than the director general positions.Although the amnesty excludes smuggling imprisoned crimes (4 / VI) in the parliamentary version, drug trafficking (4 / VIII), and smuggling of antiquities (4 / eleventh), and counterfeiting of cash and securities official and editors (4 / thirteenth), but the article ( 6 / IX) of the parliamentary version convicts granted tothese crimes the right to retrial, also has the right to pay cash allowance of what is left of his sentence, if he had spent a third of them actually, contrary to the government version and amendments to the judiciary.
In (Article 10) to grant members of parliament terrorist organizations the right to a general amnesty if "the victim is the right profile of the foreign occupying forces until 2011 , not to be convicted of a crime Iraqis killed).
the present article intersection between the Liberal bloc claim a point, of the Sadrist movement, the Union offorces. while insisting bloc the first on the inclusion of what it calls the "resisters occupation" of its supporters measures pardon, strong union refused to set a condition of affiliation "resistant" to one of the terrorist organizations, which opens the door for belonging to terrorist organizations participated in the destabilization before 2011.
while states government version provided that the entry into force of the amnesty law , starting from the date of its publication in the official Gazette, provided a copy of parliament (Article 16) that the entry into force of the law be from the date of approval in the House of Representatives on 25 August / 2016.
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