The judiciary reveal the inclusion of «forgers» general amnesty mechanism

by **Rocky** Wed 28 Dec 2016, 2:45 am

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The judiciary reveal the inclusion of «forgers» general amnesty mechanism

by Rocky Wed 28 Dec 2016, 2:45 am

The judiciary reveal the inclusion of «forgers» general amnesty mechanism

28/12/2016 0:00

[rtl]BAGHDAD / morning
revealed the mechanics of the judiciary from theinclusion accused of fraud in a general amnesty law, confirming the inclusion of the false testimony of study to get a job rank of director general or above.
Court judge explained achieve Baya Ahsan Majeed affectionate, in a statement received "morning", that "General Amnesty Law (No. 27 of 2016) , including the perpetrators of the crime of falsification of official documents leading to obtain counterfeiter a job in government departments , " adding that "there are exceptions and conditions before exempted from these. "
Affectionate and added that " the law presumes before the amnesty to be an employee forged without the degree of general manager or above any not be a Deputy Minister or a minister or a flight of stairs in the instructions issued by the Council of Ministers , " stressing " the need to take into account Article III of the law , which requires a waiver Complaining about right and repay his trust stemming from the financial revenues for the benefit of the state and the people, by the inclusion of the accused Amnesty law. "
The affectionate "and should concede the complainant for the employee whether the complainant individuals or institutions , " noting that "often take government institutions the role of complainant represented one of the departments that are hand - affected" And on the funds of the employee counterfeiter, the first Baya Court judge stated that "if the degree of functional bachelor 's degree , but his testimony false, which is less testimony, he will refund the difference between the two testimonies, and it remains the right of the circle to relieve him or recover the amount from him being is the body affected by followed in the department of legal ways, "noting that " it is mostly recovered this amounts. " Affectionate and pointed out that " an employee in the job remain after the payment of amounts due from his trust and his inclusion in the amnesty law be according to the recommendations of the investigative committee formed in the ministry , " adding that " the administrative investigation role also has recommended , among other recommendations , including the employee isolated or separated or directing administrative penalty him a warning or a reprimand after repay his trust in addition to edit a criminal complaint and thus the return be subject to the procedures and the department has nothing to do amnesty law because its recommendations prior to the investigation and the law of amnesty phase. "
Affectionate , who did not rule out " the possibility of employee counterfeiter return to his constituency after the grievance, according to the administrative investigation of government department," explained the procedures to return , saying that "after the promulgation of the law and the inclusion of employee counterfeiter amnesty law employee can submit a reconsideration request or submit dark or stabbed to death in order to return to the Position "he said , adding that there is another way , a" move to the lawsuit of the State Consultative Council staff but the court separately from the competent courts of the judiciary procedures of this procedure. "
On the other hand, the judge affectionate pointed to " the eligibility of those affected such as people and institutions claim the material compensation or moral because of the damage caused by the employee forged during occupancy function, the fact that the amnesty law a provision similar to the acquittal, but did not establish it , and drops the other suits are separated from the charge of forgery , which are held in Criminal courts. "
And about the sentences of employees covered by the law affectionate said it "does not belong to the provisions of the crime of forgery because it is exempt under the law, but provisions for other crimes stemming due to busy them function."
As he went Court Judge achieve second Rusafa Mahdi Abboud that " the current amnesty law does not pardon covered by a previous amnesty laws, if a counterfeiter staff was among those bringing them before, convicted both smaller the degree of functional or grew up, he added Abboud explaining that" the employee counterfeiter If covered by an earlier amnesty law such as law (No. 19 of 2008) or a special pardon, it is not covered by the amnesty law that he would prepare a continuing crime and can not be comprehensiveness parole twice. "
Abboud stressed that "any defendant is subject to the general amnesty of staff conditions are comprehensiveness If not previously covered by a special pardon or a year , regardless of the nature of crime has always been in the context of fraud , however , remains subject to legal consequences , " pointing to " an exception counterfeiters certificates who they rank of director general or above from the inclusion of the amnesty law, but to a lesser extent the employee is to include disciplinary sanctions do not fall for, then the Committee decides to remove him from the post or survival. "
And on the damage caused by the counterfeiter is, Abboud believes that " the accused tried them in accordance with the Penal Code."[/rtl]

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The judiciary reveal the inclusion of «forgers» general amnesty mechanism

The judiciary reveal the inclusion of «forgers» general amnesty mechanism

The judiciary reveal the inclusion of «forgers» general amnesty mechanism

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