History of edits:: 8/25/2016 15:50
published by all of Iraq [where] the text of the draft general amnesty passed by Parliament on Thursday Act.
Based on what passed the House 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 – 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 and without prejudice to civil or punitive or disciplinary responsibility.
Article 2 the provisions of Article shall apply (1) of this Act defendants all except those who committed any of the crimes stipulated in Article (5) of this 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 a decision from the courts referred to in Article (8) of the Act after gaining its degree of bits.
Article-3 exempted 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 and the prosecutor the right to personal foreign occupying forces up to (2011) to make it clear that doomed the killing of Iraqis.
Article 4 is required to implement the provisions of articles (1) and (2) of this Act waiver complainant or with the victim before the 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 -5- exempted from the provisions of this law perpetrators of the following crimes: –
I. crimes stipulated by the Supreme Iraqi Criminal Court Act No. 10 of 2005 ( as amended) and shall 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 that contributed to commit 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 and explosives, weapons of special category weapons.
V. human trafficking crimes and all that falls under Title (captivity) by 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 crimes that did not complement the convicted or accused 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 crimes unless they repaid his trust of money before being released.
XI ten – 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 on degrees and careers in the staffing state director general and above , taking into account what is stated in Article (4) 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 a third 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 a committee to consider a replacement requests headed (magistrate of the first class) and the membership of the representatives of the (Ministry of Justice – the Interior Ministry – the 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 administration or to the repair events where guest or eliminates circle depositor of the sentence or measure, and the department concerned to refer the request to the committee provided for in item (iii) of this period within a period not to exceed (30) days , together with a report on the biography of replacement student.
V. Committee issues causing grant or refuse a decision in the case demand the victim refused 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 tied in a special account opened in one of the state banks for this purpose.
VII does not prejudice replacement implementation of ancillary and supplementary penalties 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 a fourth one tenth) of Article (5) of the provisions of this law.
Article -8-First – the investigative judges and competent courts apply the provisions of this law in cases before them within (30) days and aggrieved by the decision of the appeal it within (30) days from the date of issuance , to the Federal Court of discrimination in respect of criminal offenses and in front of the Court of appeal as discriminatory with respect to misdemeanor offenses.
Second of all claims covered by the exposure to the provisions of this law , which has 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 no more than (six months) .
III each interested party may contest the decision of the committee formed in clause (ii) of this article in front of the Federal Court of discrimination with regard to crimes of felonies and in front of the appeals court as discriminatory with respect to crimes of misdemeanors and infractions within (30) days from the date of notification of the decision.
IV on the committees formed under this law notice the depositor has sentenced or suspended, the decision issued by the post – acquisition become final.
Article 9 if committed pardoned under the provisions of this law , a felony intentional within five years from the date of the exemption implemented right sanctions exempt from them and move actions criminal against him if he had been relieved by the League in the investigation or trial.
Article -10- First : convicted of a felony or misdemeanor, including the perpetrators of crimes excluded Article (5) of the provisions of this law claimed to extract his confession under duress or legal action taken against him based on testimony informant secret or accused of recognition last demand from the committee formed in paragraph (ii) of this Article auditing judgments and decisions in the lawsuits that have gained their decisions become final or in checks discriminatory scrutiny verdicts of both the formal and objective and demand a retrial for the Commission discretion to do to re – investigate the case unforeseen by it.
second-form in the Supreme 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 decisions the verdicts in the 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 is not implemented the decision until after the acquisition become final.
III to Atbeshr committee formed in paragraph (ii) of this article work only in the presence of a representative of the public prosecutor.
IV problem , the Commission continues to paragraph (ii) of this article to receive a one – year applications starting from the day following 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 the purposes of this law , a life sentence to life imprisonment.
Article -12- on security and military bodies and Mahkam securities and claims about detainees and detainees and defendants presented to the committees formed under clause (ii) of Article (10) of the Act to consider their case for both:
a-detainee who has spent more than three (3) months of his detention was not brought before the court.
b-accused detainee has not been resolved interrogated more than (18) eighteen months at the start of his detention. (
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 does not work with any provision contrary to the provisions of this law.
Article – 15. Prime the Supreme Judicial Council issued instructions to facilitate the implementation of the provisions of this law.
Article -16- this law shall be from the date of approval in the House of Representatives. the
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