Justice published a general amnesty law in the Official Gazette and shall take effect
Justice published a general amnesty law in the Official Gazette and shall take effect
announced that the Ministry of Justice, published by the General Amnesty Law, the official newspaper the facts to be effective.
The general director of the facts of Iraq circuit full Amin Hashim in a ministry statement received by all of Iraq [where] a copy of it, “The new issue of the Iraqi Gazette number 4417, which included a general amnesty and decrees of the Republic and the statements of the law approved by the House of Representatives and approved by the Presidency of the Republic.”
and Hashim added that ” a general amnesty number 27 for the year 2016 Act, the highlight came in this issue, pointing out that Article 1 of the law states that a general amnesty includes Iraqis sentenced to death or to a penalty or negative measures of freedom , whether governance and Jahia or in absentia, gained the degree of bits or not acquire , and without prejudice to civil liability or disciplinary or disciplinary, and apply the provisions of this article to the accused all except those who committed any of the offenses set forth in article 4 of this law. ”
He noted that” the number included decrees Republic and instructions of use of treated sludge in agriculture No. 1 for the year 2016, in addition to the establishment of Dhi Qar oil Company and the General Company steel Industries, as the number of included data released by the Central Agency for Standardization and quality control. ”
the House of Representatives passed the approval of the draft general amnesty law in 25 of last August’s controversial after a dispute lasted years of it, especially paragraph relating to the accused terrorist, where the law pointed to the formation of a judicial committee would be responsible for considering the extent of the possibility of re – trial of the accused to Article 4 / terrorism or not, not at the request of the accused himself.
for his part , criticized Prime Minister Haider al – Abadi, parliament make amendments to the law especially material related to terrorism and kidnappings.
and endorsed President Fuad Masum, on the first of September of this law, but the Council of Ministers feet on the sixth of the month an amendment in which the House of Representatives with the exception of terrorism and kidnappings in the general amnesty of crimes, and announced that the legal Committee of the parliamentary delivered parliament for amendment.
and issued a Supreme judicial Council, last Tuesday, an explanation as to why its implementation of the amnesty law before it was published in the official Gazette, said the official spokesman for the federal judiciary judge Abdul Sattar Bayraktar said in a statement, that ” the Amnesty Law No. 27 of 2016 stipulates that shall be the date approval of the House of Representatives on 25.8.2016. ”
among Bayraktar, said that” Article 129 of the Constitution stipulates that laws shall be published in the official Gazette and worked from the date of publication unless the law provides otherwise , “noting that” the text of the amnesty law that the law is implemented from the date of approval on 25.08.2016. ”
published the Ministry of Justice of the amnesty law text: –
name of the people
resolution No. 30 ,
based on what was approved by the House of Representatives in accordance with the provisions of subsection [first] article  and item [ Third] of Article 73 of the Constitution.
President of the Republic decided on 01.09.2016
issued the following law: –
No.  for the year 2016, the General Amnesty law:
Article 1 shall be exempt general amnesty for Iraqi sentenced to death or to a penalty or negative measures for freedom of both the judgment and Jahia or in absentia, gained a degree of bits or not acquired and without prejudice to civil or punitive or disciplinary responsibility.
Article 2 the provisions of Article shall apply  of the Act on the accused all except those who committed any of the offenses set forth in article  of the Act , whether taken legal proceedings against them or who did not move a complaint against them , whether their cases were in the role of the investigation or in the role of the trial and are released than has been captured , including the decision of the committee formed under Article 7 of the Act after the acquisition decision degree bits.
Article 3 is required to implement the provisions of article  and  of this waiver complainant or with the victim’s law before an investigating judge or the competent court and pay the resulting owed covered by the provisions of this law financial obligations for the benefit of the state or the people.
Article – 4. exempted from the provisions of this law the perpetrators of the following crimes: –
I. crimes stipulated in the Iraqi criminal court code number  of 2005 [average] and they shall not apply the provisions stipulated in Article 9 of the provisions of this law.
Second terrorist crime which grew by 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 agreement.
III offenses against the external security of the state and internal stipulated in articles 156 to 198 of the Penal Code No.  1969 [amended].
IV trafficking offense or crime of possession and use of silenced and explosives, weapons of special category weapons.
V. human trafficking crimes and all that falls under the heading [captivity] as Maastalh him when takfiri 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 the crime of harboring convicted or accused for the excluded in this article that the crime was 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 unless repaid 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 staffing state director general and above , taking into account the provisions of Article  of the provisions of this law.
Article -5- excluded from the provisions of this law includes the law of amnesty No.  for the year 2008 or a special pardon.
Article 6 I. Guest or depositor sentence verdict and spent at least a third of the length of sentence replacement request the remainder of the sentence or the measure fine .
Second , the amount of the fine [ten thousand dinars] for each day of the term of imprisonment or confinement or deposit.
III form a committee to consider a replacement requests , headed by [ the judge of first class and membership of a representative from each of the Ministry of Justice, Ministry of Interior, Ministry of Labour and social Affairs] that the least degree of general manager for the Commission to use it deems appropriate to help them to do so.
IV An application for the replacement to the prison management or to the Department of the repair events where guest or depositor serving a sentence or measure, and the department concerned to refer the request to the Committee provided for in item [III] of this term during the period not to exceed  thirty days , together with a report on the biography of replacement student.
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 [Second] of this article to the Commission at once and tied in a special account opened in one of the state banks for this purpose.
VII does not prejudice the replacement 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 [Seventh and Eighth and eleventh and thirteenth] article  of the provisions of this law.
Article -7-First – the investigative judges and competent courts applying the provisions of this law in the cases before them during the  thirty days and the injured party of the decision challenged by  thirty days from the date of issuance , to the Federal Court of discrimination with regard to crimes of felonies and in front of the Court of appeal as discriminatory with respect to misdemeanors and infractions crimes.
Second exposure all claims covered by the provisions of this law , which gained its decisions have become final on the problem in item [Second] of Article 9 of the Act for a decision within a period of no more than [six months].
Third : Any interested party may appeal committee formed by the decision in item [ Second] of this article before the Federal Court of discrimination with regard to crimes of felonies and in front of the Court of appeal as discriminatory with respect to crimes of misdemeanors and infractions during the  thirty days from the date of notification of the decision.
IV on the committees formed under this notice law the depositor has sentenced or detained decision after the acquisition , issued by the class final.
V. in the absence of a convicted person or his legal representative asked inclusive amnesty provisions contained in this Act is committed to the Iraqi Corrections Department submitting it to the committees formed under Section [Second] of Article 9 of this law.
Article – 8. 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 the investigation or trial.
Article 9 of the First : convicted of a felony or misdemeanor , including the perpetrators of the excluded article crimes  of the provisions of this law 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 the committee formed in item [Second] of this article , check the verdicts of both the formal and objectivity and demand a retrial for the Commission discretion to do to re – investigate the unforeseen lawsuits by it.
second formed in the Supreme Judicial Council committee centralized one or more of the three judges of the first class or second to consider the request in accordance with the provisions of subsection [first] of this article and the injured party 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 of notification decision and before the Court of appeal as discriminatory decisions and verdicts in misdemeanor cases within thirty days from the date of notification of resolution it does not implement the Commission ‘s decision until after the acquisition become final.
III to Atbeshr committee formed in item [Second] of this article work only in the presence of a representative of the public prosecutor.
IV problem , the Commission continues to item [Second] of this article to receive orders for one year starting from the day following the issuance of regulations and instructions to facilitate the implementation of the provisions of this law to end the committees work during a period of two years from the date of issuance of the regulations and instructions.
Article-10- 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 gained a degree of bits or not acquired if the victim or Prosecutor the right profile of foreign occupying forces up to  to make it clear that doomed offense Iraqis were killed.
Article 11 cut for the purposes of this law , a life sentence to life imprisonment.
Article -12-on security and military authorities and the courts securities suits for detainees and detainees View and accused the committees formed under the heading [Second] of Article 9 of the Act to consider their case for both:
a detainee who has spent more than  three months of detention has not been presented to the courts. (
b ) the accused detainee has not been resolved interrogated more than  eighteen months into the 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 the date of entry into force.
Article 14 any provision contrary to the provisions of this law.
Article – 15-to the Supreme Judicial Council issuing 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 on 08.25.2016.
Fuad Masum , the President
causes positive: in
order 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 society, this law was enacted.