Justice published a general amnesty law in the Official Gazette and shall take effect

[yota691]

The arrival of the amnesty law amendments to parliament

 

 

9/20/2016 0:00  Weights adopting in the coming sessions  BAGHDAD / Omar Abdel - Latif , the  Legal Committee of the House of Representatives revealed the arrival of amendments to the law of amnesty from the government to the Presidency of the Parliament, which in turn will send it to the committee after the House of Representatives held its meetings on Wednesday, while stressed that Parliament will be obliged to consider the amendment submitted by the government, it showed that the council could reject these amendments in principle after put inside the dome.  the decision of the Committee Hassan Turan, MP for the Turkmen bloc parliamentary: " the government has the right to send amendments to the General Amnesty Law to the House of Representatives , "noting that" the judiciary is obliged to deal with the law, passed by the House of Representatives until a modification him. "  he said Tauran , in a statement singled out the" morning "that the government has the right to amendments taking place on any law passed by the House and sent to the presidency , which in turn sends it to the relevant committees, stressing that the legal committee in the event of receipt of amendments to the amnesty law will be studied, and to take legislative track as stipulated by the rules of procedure of Parliament by reading it twice and vote on it.  he hinted MP that "the right of the House of Representatives to reject the amendments in principle , according to the rules of procedure of the parliament which was granted the right to reject laws sent by the government in principle projects if it is not convinced of its usefulness. "  He cautioned the Commission decision that applied the law at the moment and judicial committees are working in full swing to launch covered by its release, refusing to predict the outcome of launch these amendments either rejection or acceptance by the political blocs that this depends on the kind of editing the sender by the government, he said.  for his part , member of the Committee , a coalition of full - Zaidi law for the arrival ofgovernment amendments to the General Amnesty law to the presidency of the Council ofRepresentatives he said , adding that the commission in turn will send it to the legal Committee.  He said Zaidi said in a statement singled out the "morning" that the issue of amending a very natural law did not face a general amnesty alone law, and expected to send theamendments to Article IV own kidnapping after the inclusion of a criminal who left handicap in kidnapped as would be amended to include both kidnappings, in addition to Article VIII relating to a retrial and investigations, as it is obvious that the government will return to the text sent to the House of Representatives.  He hinted Zaidi that "there are atmospheres appropriate to pass these amendments ,especially the Iraqi street stands with them but this does not mean that there is opposition by a number of political blocs and the most prominent of the Union of forces ,who scored his objection before putting such amendments by the government and was the talk focused on the need for legislation of general amnesty law and that he would send good messages on the path of reconciliation among the Iraqi people. "  promised Committee member on the mass of "independents" honest frankincense, these amendments will be treated like the laws during the original introduced in the House of Representatives. And the chewing gum in a statement singled out the "morning" that "these amendments legal as if sent by the government to the House of Representatives ,which must take its role in the legislation."  He hinted that the amendments treated as the original law , as will be discussed and read twice and then vote on them, stressing that he parliament has no right to the omission of any bill that comes from the government.

[captl1]

Thanks Yota and good morning. Very interesting piece.

[yota691]

20-09-2016 12:40 PM

The Supreme Judicial issued a clarification on the implementation of the amnesty law before its publication in the Official Gazette facts

 

 

 

Supreme Judicial Council issued a clarification about the reason for implementation of the amnesty law by publication in the official newspaper facts. 

A spokesman for the federal judiciary Judge Abdul Sattar Bayraktar said in a statement, that 'the Amnesty Law No. 27 of 2016 stipulates that implemented from the date of approval of the House of Representatives on 25.8.2016'. 

He added, 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 to be implemented from the date of the law passed in 25/08/2016 '. 

He pointed to Bayraktar, that 'Article 14 of the General Amnesty Law referred to states that does not work any provision inconsistent with the provisions of this law.' 

He said, 'Article 15 of the law stipulates [the Supreme Judicial Council to issue instructions to facilitate the implementation of this law]', stressing that 'it means that the Supreme Judicial Council has carried out the constitutional and legal contained commitment in Articles 129 of the Constitution and 15 of the Act.' 

He noted Birqadr to, that 'failure to issue the orders of the Supreme Judicial Council on enforcement of the law means a breach of constitutional and legal obligation.' 

The project has been approved the first amendment to the law of the amnesty law and submitted it to the House of Representatives based on the provisions of Articles 61 and 80 first item the second clause of the Constitution. ' 

The House of Representatives passed the approval of the draft general amnesty law in 25 of last August's controversial after a dispute for years upon, especially the 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 whether or not the request is not the accused himself. 

And endorsed President Fuad Masum, on the first of September of this law, but the Council of Ministers feet on the sixth day of the month in which an amendment to the House of Representatives with the exception of terrorism and kidnappings in the general amnesty of crimes, and announced that the Parliamentary Legal Committee recognizes the parliament for amendment. 

[sandfly]

Thanks 

[yota691]

Judiciary: we have committed to apply the amnesty law passed soon

 

 

9/21/2016 0:00  BAGHDAD / morning in  response to some media on the implementation of the amnesty law before it was published in theOfficial Gazette, the judicial authority of theFederal explained why he "come back to the fact that legislation in Parliament committed implementation date passed directly."  Explained the official judiciary spokesman Judge Abdul Sattar Bayrakdar, in a written statement, that the reason for the start of implementation of the Supreme Judicial Council of the amnesty law before it was published in the official Gazette is due to the fact that the Amnesty Law No. (27) for the year 2016 text to be implemented from the date of approval of the National Assembly on 25.08.2016. "  Bayraktar added that" Article 129 of the Constitution stipulates that the laws shall be published in the (official Gazette) and operates from the date of publication , unless the law provides otherwise , "noting that" the amnesty law stipulates that implements the law from the date of approval on 25.8.2016 " .  He said Bayraktar, according to the statement, that "Article 14 of the General Amnesty law referred to states that do not work with any provision inconsistent with the provisions of this law , " pointing out that " the failure to issue the orders of the Supreme Judicial Council on the law takes effect means violation of the obligation constitutional and legal. "  He noted the official spokesman of the judiciary that" Article 15 of the law stipulates: (on the Supreme judicial Council issued instructions to facilitate the implementation of this law) , "asserting that" it means that the Supreme judicial Council has carried out the constitutional and legal contained commitment in articles 129 of the Constitution , and (15) of the Act. "

[Big_J]

[10 YEARS LATER]

I (thought) read an announcement yesterday that this was implemented and retroactive from the date of signing - OR, did I have a (psychotic) episode and not realize it . . . again ? 

[yota691]

 

House of Representatives hearing

Politicians reckon the possibility of inclusion of a general amnesty law for officials convicted of "terrorism"

 

Author: 
Editor: AZ 22/09/2016 21:12 Number ofViews: 1910 
 

 

Long - Presse / Baghdad 

showed Iraqi politicians, on Thursday, fear of the application of the general amnesty passed by Parliament late last August , thelaw of the mechanism, and swung the possibility of inclusion of convicted former officials as "terrorism" law similar to the case of former MP Mohammed al - Daini, while noting that the number of convicts inside Iraqi prisons reach the 28,000 doomed, specialists stressed the "lack of legal philosophy to define the crime of terrorism."   

the MP said the state full - Zaidi law in the people program and the Government show on term, "general amnesty law was discussed in the corridors of the last parliamentary session, but climate - charged within the parliamentary dome led to a lack of approval since that time , "noting that" the amnesty law approved by the current parliamentary session does not violate the constitutional conventions. " 

He said Zaidi," new general amnesty law, does not include the return of stained their hands with the blood of the Iraqi people, especially the followers of the former regime , "adding that" the settlement of the case of former MP Mohammed Daini has a political deal. " 

for his part , expressed MP from the bloc citizen Salim Chawki said in an interview during the program concerns the mass of the " mechanisms of the application of the amnesty law , "noting that" citizen bloc voted in favor of the law after extensive and in- depth study proved through which the law does not include criminals Almughlin the blood of the Iraqi people. " 

He called Chawki to" the need to open the files of corruption that have hurt Iraq over recent years, "adding that" the Prime Minister Haider al - Abadi ineligible to lead any reform revolution in the country. " 

  turn the MP stressed on the block free Zainab Sahlani in her speech during the program, that" the Liberal bloc was seeking since 2010 to approve the amnesty law, but there are political wills stood deduced from the law at the time , "indicating that" mass Liberal repeatedly demanded the need to exit the detainees resistance to the American occupation has not claimed remove any convicted terrorist issues or criminal. " 

and on the reforms demanded by the Iraqi street Sahlani pointed out that" the Sadrists fought procedures to back the demands of the mass of reform , "adding that the parliamentary faction" made a lot questioning the right of executives to the presidency of the Council of Representatives. " 

  Meanwhile , a deputy minister and former judge Wael Abdul Latif , while speaking in the program, that" legal philosophy still lacks a clear and explicit definition of terrorist crime , "likely" possibility of re - politicians trial already convicted of terrorism after the adoption of the amnesty law. " 

and Abdel Latif, the" special amnesty law is through a recommendation by the General Secretariat of the Council of Ministers and the staging by the Prime Minister to the presidency of the Republic , "stressing that" the president is sign the pardon after reading the Head of government. " 

the Iraqi Council of Representatives voted, in the (25 August 2016), a general amnesty majority law, during its meeting of the 14th of the first legislative term of the third legislative year, while the honest president, Fuad Masum, the law in the first from September 2016.

[Theseus]

On 9/21/2016 at 1:18 PM, 10 YEARS LATER said:

I (thought) read an announcement yesterday that this was implemented and retroactive from the date of signing - OR, did I have a (psychotic) episode and not realize it . . . again ? 

Bayraktar added that" Article 129 of the Constitution stipulates that the laws shall be published in the (official Gazette) and operates from the date of publication , unless the law provides otherwise , "noting that" the amnesty law stipulates that implements the law from the date of approval on 25.8.2016 " 

Apparently, this is one of the laws that is exempt from being placed in the gazette before it can be implemented. The law is retroactive to August 25, 2016. It more than likely will still be placed in the Gazette with the aforementioned date as the official operating date. 

Edited September 24, 2016 by Theseus

[10 YEARS LATER]

17 hours ago, Theseus said:

Bayraktar added that" Article 129 of the Constitution stipulates that the laws shall be published in the (official Gazette) and operates from the date of publication , unless the law provides otherwise , "noting that" the amnesty law stipulates that implements the law from the date of approval on 25.8.2016 " 

Apparently, this is one of the laws that is exempt from being placed in the gazette before it can be implemented. The law is retroactive to August 25, 2016. It more than likely will still be placed in the Gazette with the aforementioned date as the official operating date. 

Thank you Theseus for the Clarification 

[Theseus]

Your welcome, Claireese.

[yota691]

Justice announces the issuance of the Special General Amnesty Law Issue

History of edits:: 09.26.2016 13:00 • 0 visits readable

{Baghdad: Euphrates News} The Ministry of Justice has announced the release of the new issue of the Gazette of Iraq call {4417}, containing the general amnesty and the Republic of decrees and statements approved by the House of Representatives and approved by the Presidency of the Republic.

The general director of the facts of Iraq circuit full Amin Hashim in a statement, the agency {Euphrates News} received a copy of it today, that " the general amnesty law number {27} for the year 2016, the highlight came in this issue , " explaining that "Article {1} of the Act provides that the general amnesty included Iraqis sentenced to death or to a penalty or negative measures of freedom , whether governance and Jahia or in absentia, acquired a degree of bits or not acquire , and without prejudice to civil liability or disciplinary or disciplinary. " 

he added that" the provisions of this Article shall apply to defendants 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 ".anthy

[yota691]

Justice published a general amnesty law in the Official Gazette and shall take effect

History of edits:: 09.26.2016 13:01 • 22 visits readable

[Oan- Baghdad] 
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 
presidency 
resolution No. 30 , 
based on what was approved by the House of Representatives in accordance with the provisions of subsection [first] article [61] and item [ Third] of Article 73 of the Constitution. 
President of the Republic decided on 01.09.2016 
issued the following law: - 
No. [27] 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 [1] of the Act on the accused all except those who committed any of the offenses set forth in article [4] 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 [1] and [2] 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 [10] of 2005 [average] and they shall not apply theprovisions 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. [111] 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 [3] of the provisions of this law. 
Article -5- excluded from the provisions of this law includes the law of amnesty No. [19] 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 [30] 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 [4] 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 [30] thirty days and the injured party of the decision challenged by [30] 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 [30] 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 [4] 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 ofresolution 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 [2011] 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 [3] three months of detention has not been presented to the courts. ( 
b ) the accused detainee has not been resolved interrogated more than [18] 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 ofassignment. 
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.

[Big_J]

[Wiljor]

 Thanks Yota and good morning to you brother.. 

I like they finally got this one through, now let's keep the momentum boys and shove the next one through please 

[yota691]

Big setback legislative and chaos in the General Amnesty Law

 

 

 

Fri, 30 Sep 2016 07:08:42graphical image LLP

 

 

 

 

 

 

Iraqi Council of Representatives voted on a general amnesty law on 25.08.2016, it has been published on the parliament website and all among them author of the article has been withdrawn from the site, I have written two articles in the light of that copy; which was also published more than fifty Website, the fact that site House of Representatives site official and discreet and certified, and it is possible that there will be another version that was voted upon be found at the head of the legal committee and approved by the Supreme Judicial Council is different from the published version in the House of Representatives site, which was published in the official Gazette newspaper number 4417 on 26 / 9/2016, that the matter indicate anemia legislative and chaos can not be accepted under the law not to exceed 16 articles, we do not know who is responsible for it ?, even if we accept the fact that those responsible for the House of Representatives website to publish non - voting by the law deliberately, the dismissal, thing is almost newcomer on the literature of the presidency of the Iraqi parliament, the House of Representatives ,which is the plant authorities and the maker of the legislation and the supervisor of the application, the demands of some time ago to illustrate this winning confusion in the presentation of the law , which stagger for the professionals of the legal and lawyers form, and departed its impact on the average citizen; and indulging us to put things the record straight; the majority clear from Error, that the general amnesty the law of two things , one physical tangible and the other hidden imperceptible, including Ahtwaha law of the fallacies in two versions; and in comes below it: A. Article (3) contained in the version published the law on site the House of Representatives, became sequence in voter edition recently published in the Official Gazette, item number (10). 
B. Article (4) contained in the version published the law on the House of Representatives site, it has become a sequence in voter edition recently published in the Official Gazette, Article (3). 
C. Article (5) contained in the version published the law on the House of Representatives site, has become a sequence in voter edition recently published in the Official Gazette, item number (4). 
D. Article (6) contained in copy published the law on the House of Representatives site, has become a sequence in voter edition recently published in the Official Gazette, Article (5). 
E. Article (7) contained in the version published the law on the House of Representatives site, has become a sequence in voter version it published recently at the facts of Iraq, item number (6), and paragraph (ix) of this Article; which appeared in the House version of site provided ( the provisions of this Article shall apply to covered items (Fourth, Fifth, Eighth, Ninth, twelfth, fourteen) in other words, rape and incest crimes and crimes of human trafficking and crimes of money laundering included the purchase of condemnation and the crime of counterfeiting currency and banknotes, securities and forgery of official documents that led to obtain forged on the degree of functional without the general manager are not covered by the purchase of condemnation; while contained in a copy of the legal Committee of parliamentary and voter , approved, that covered only (Fourth, Seventh, Eighth, one - tenth, thirteenth), which means that the offenses covered by ( the trafficking offense or crime of possession and use of silenced and explosives and weapons with special category weapons, and the crime of smuggling jailed or imprisoned or arrested and the crime of harboring convicted or accused of crimes are excluded from this law and the crime of drug trafficking and the crime of smuggling of antiquities trafficking, the crime of counterfeiting and the crime of falsification of official documents , which led to obtain forged on the degree of general manager and above) in other words, rape, incest and sodomy and crimes of human trafficking and money laundering are not covered by the purchase of crimes condemnation, which appeared in (V and IX and XII.)  
F-article (8) contained in the version published the law on the House of Representatives site, has become a sequence in voter edition recently published in the Official Gazette, item number (7), and unfortunate that these Article appeared in the House version of site four paragraphs, while contained in a copy of legal parliamentary committee voter, approved, five paragraphs and paragraph V (in the absence of the convict or his legal representative, asked inclusiveness provisions of the amnesty contained in this Act, the Corrections Service Iraqi viewing on the committees formed in accordance with paragraph II of Article 9 of the Act) .za- Article (9) contained in the version published the law on the House of Representatives site, has become a sequence in voter copy them and recently published in the Official Gazette, Article (8) and Article 10 became Article (9). 
H. Article (15) contained in the version published the law on the House of Representatives website (chairman of the Supreme Judicial Council to issue instructions to facilitate the implementation of the provisions of this law), while contained in the voter version it published recently at the facts of Iraq ,, (the Supreme Judicial Council .....). 
and we have several new observations on the version that was voted on and approved; avoiding a repeat of what dictum in previous articles belonging to the same law, and comes as described: I. Article 2 of the law will lead to the inclusion of offenses that did not move a criminal complaint about them or crimes they did not relate to the attention of the official authorities, and will lead to the cancellation of any criminal complaint may be agitated against any official and his aides after his deportation from sooner or later the responsibility (Ray disposal site Justice News) 
Second failure to extend the convicts anti - terrorism law in absentia for clemency: 
the general amnesty law and the text of Article (10) of the governed has been excluded in absentia , according to the anti - terrorism Act No. 13 of 2005 in force, the Supreme Judicial Council and instruction also stressed that, with the knowledge that the text of Article 10 of the Code general amnesty does not provide any concession convicted in absentia, because they already if surrendered will be restored re - tried in accordance with Article (247 / a) of the Code of criminal Procedure in force, but the only paragraph that covered the buyout of the reasons created by the new amnesty law for retrial are not provided for criminal Procedure Law in force at (270 m), namely:  a 
certificate confidential informant testimony and accused the defendant and forced confession. Third law opened the door wide for the release of the perpetrators of crimes and financial and administrative corruption , the requirement to pay the discharged state, and the suicide bombers owners explosive belts who were arrested before blowing the belt. 
IV subject of the permeability of the law: do not repeat what I said earlier, just to point out that: that Amnesty law No. 27 of 2016 stipulates that implemented from the date of approval of the House of Representatives on 25.8.2016 and Article 129 of the Constitution stipulates that (laws shall be published in the official Gazette and shall from the date of publication unless the law provides otherwise), and in 1 / September / 2016, ratified by the presidency of the law, and can not rely on the approval of the parliament to vote on the ratification of the presidency of what was approved by parliament as the basis for the inclusion of an amnesty because it does not need at inclusiveness amnesty that determines the number of law pardons and this gives him the Ministry of Justice when you publish an amnesty in official Gazette (official Gazette), and there is a difference between the force and the execution and the reason for that is that he must be punished for the crimes committed in the period confined between the force of law , any vote by parliament and the date of its publication in the official Gazette, not forgetting that the courts and the competent authorities when they decide to include suit what amnesty is bound to remember the number of the amnesty law, and surprising and surprised that the law before it is published in the facts of Iraq; there were provisions court noted that the decision No. 27 of 2016; how it happened? It 's a dangerous precedent did not happen earlier?   
V. violation of a general amnesty to the Criminal Procedure Code in force; which states "Do not release the detainee released from prison only after the acquisition of the decision become final law", as it can not keep the detainee in prison after he is closing lawsuit done by the judiciary under the General Amnesty Law. 
VI amnesty law grounds for judicial precedent for an amnesty for the crime of forgery that allowed for the forger to get less than the director general positions. 
VII more general amnesty laws entail the fall of the government, crime and all the implications of civic responsibilities and discipline, including the rehabilitation of the convicts against the honor crimes, but the General Amnesty Law No. 27 of 2016, excluded the civil responsibilities and disciplinary and disciplinary contrary to what was released from a previous amnesty laws, and this is not consistent with any standard penalty Adli absolve sentenced to the death penalty and keep the civil liability or disciplinary or discipline, and who will raise this responsibility? Central Committees of its own or the accused or convicted , or the prosecutor and other personal right? And what if the sanctions dependency of adversarial or in absentia? And how to deal with these sanctions for asylum amnesty of the accused? What is the work if the aggrieved exempting the accused or convicted of the consequences of civil or disciplinary responsibility or discipline? And what if the inability of the accused or convicted on the implementation of civil responsibility?(Opinion of site Justice News). 
VIII General Amnesty Law No. 27 of 2016 in Article (5) thereof excluded from reunification law the previous amnesty No. 19 of 2008 , or a special pardon, but the law does not mention the employees who moved the right issues in the integrity Court was individual several lawsuits against them due to enter into contracts or wrongdoing, and all proceedings be in accordance with the material different from the other, and the issues of single of the original case; most of them in accordance with Article 340 or Article 341 of the in force Penal Code, and a reminder, the section of this litigation has been coverage of the previous amnesty law No. 19 of 2008 , and private lawsuits in accordance with Article 341 Q.a; the other suits in particular; in accordance with Article 340 s 0 p did not include former Amnesty law remained section of this litigation (rounded) of the previous amnesty to the amnesty, Valmthman such a case, not Artbekoa reaction or a new crime after the buyout , the previous amnesty, but their claims were recycled by the previous amnesty to force this pardon, how the Iraqi judiciary would deal with such cases? Is it fair to justice those not covered by the current amnesty law under the pretext of the inclusion of some of the cases the previous amnesty did not cover other issues , although all of them have been moved because of the acts committed by the previous amnesty law in 2008? In particular, the description ( of return) does not apply to these cases; it basically no promises, being the same proceedings lasted from before 2008 until now, because of the lack of coverage of the previous amnesty No. 19 of 2008 ( the opinion of the lawyer Ahmed al - Abadi).
IX amnesty law excluded drug trafficking offenses , without specifying the legal material relating to this case, and therefore do you meant here exclusively drug or other psychotropic substances? This means that injecting drug trafficker and covered by the amnesty law; it also excluded the smuggling of antiquities law crimes, it means the inclusion of trafficking antiquities amnesty as long as it is not smuggling? Then what about the damaging effects or stolen? They are covered by the amnesty law; The lack of these crimes pinpointing reflect a desire to coverage of the general amnesty law. 

X. Some of the crimes covered by the amnesty law of 2016 
that the list include, "against the integrity of any financial and administrative corruption, crimes that constitute 99% of the crimes of corruption crimes administrative and financial crimes which the employee 's act or refrain from work for someone against the public interest (AD 331) and crimes of willful damage to public funds (AD 340) and crimes damage negligence with public funds (AD 341), this means that all government and political leaders accused of and governed in accordance with these material covered by the amnesty law, especially that most of them had been tried for the crime of embezzlement and one, can provoke re amount of money involved, but in fact had embezzled times that amount in other cases; but it did not move him complain; and also includes amnesty offenses against bodies and statutory crimes against the course of justice and false news The complaint is malicious and misleading elimination of perjury and perjury and other crimes against the honor crime to impersonate functions, attributes and includes amnesty decoding seals crimes and crimes damaging the editors and overcome the staff of the limits of their jobs and crimes of embezzlement ,provided it is non - refundable and crimes thefts are generally subject to approval by the complainant and his abdication and crimes exploiting the influence of function such as buying real estate and grab the crimes revealed secrets and crimes contained in the law of parties and crimes of customs smuggling and crimes of the income tax and the crimes committed by al administration Act any economic crimes and crimes consumer protection and kidnappings that did not result in murder law or infirmity sustainable, and others. 
one XI . Article (3) required to implement the provisions articles (1 and 2) of the Act waiver complainant or with the victim and pay the owed covered by the amnesty of financial obligations for the benefit of the state or the people. 

 The waiver of the complainant or with the victim; raises several social complexities; special light predominance phenomenon chapters clan, how will be waived the issue has not been resolved in court? Especially that the accused is innocent until proven innocent, and what is the definition of the financial obligations? Is it determined by the penal laws or the victim or his family or his clan, courts , or state institutions? And what if you can not attend the institution or representative of the aggrieved person of the student amnesty? What if the aggrieved waiver on a pledge and obstructed covered by the amnesty to pay its financial obligations? What if Tlkit competent civil courts determine the size of the financial commitment? He is demanded amnesty awaits more years waiting for the payment of financial obligations? (Opinion of site Justice News). 

 XII general amnesty law when it is published eliminates the guilty verdict which makes sentenced a certain offense , and if he did not commit , but this is not a significant constraint criminal for those who released the decision of a general amnesty for the year 2002 or the year 2008 may not answer any request based on the under any criminal already this date. 

Dr.  
Abdul - Qader al - Qaisi

[gregp]

This was a lengthly a d time consuming task. Now watch the rest of the laws (oil $ gas) get passed at light speed!

[yota691]

First Published: 2016-09-30

Margins on general amnesty law in Iraq

Laws in Iraq and the subsequent judicial rulings look lame in front of the power of government and the security and executive organs.

Middle East Online

By: Abdul Sattar Ramadan

After a long wait as long as several years of promises and discussions and delays and several drafts and projects, the Iraqi Council of Representatives passed on 08.25.2016 the amnesty law, which is similar to the birth of the baby's lame or sick, which came after years of waiting and experience the types of operations and medical folk remedies. Such a law positions and the wills of political parties and blocs disparate and different among themselves about a lot or most of what matters and related to the life and conditions of the citizens, but it is consistent to the extent of complete congruence with respect to laws which guarantee them and members of their masses salaries, features and gifts. All that ensures that their interests are enacted quickly and the agreement of all the votes, and what is in the interest of the overall total (ie, the people) is subject to bargaining and reviews and delays so that it is emptied of real content and purpose for which it was proposed legislation, to the extent that the legislature (parliament) to authority seen citizens with suspicion and reassure its members, some of whom turned to Dalalan to market their demands and the demands of their relatives and their communities, while the other turned into a mouthpiece launch of statements and interviews, forgotten or have forgotten their mission and primary work is to monitor the work of the executive branch (the government) and the enactment of laws. General amnesty law represents one of these laws, which were issued in a language and legal drafting confused and vague and subject to the discretion and interpretation so that the practical application of this law will offload its content and the difficulty of achieving its goals in the positive and causes it came in, "in order to provide an opportunity for those who cover of Iraqis in return for integration into public life and to foster a spirit tolerance and reform in society "where the texts and materials can not achieve it. But the most important positive feature of this law is that if he could release one defendant was innocent was arrested or judged unfairly, it is a good thing, because of the principles or known rules "that the judge or the ruling misses the amnesty good and better than to err in punishment." Which can be achieved amnesty law which represents the simple point of light in the night dark justice in Iraq, where it is known near and distant how injustice and overtaking and breaking the law and violating the human rights of the first moment is called or arrest people, even after the trial and execution of judgments they circle a long series of abuses and violations affecting even the complainants and plaintiffs' right to personal because the existing reality proves that the articles of the Constitution and the provisions of the law just ink on paper. But at the same time, this law is not welcome and supported by many of the victims and citizens who have been subjected to attacks and crimes of people have walked through the crime and asked for the rapid enrichment Vaatdoa and killed and robbed and kidnapped and has legal proceedings against them and correct its path en route. Today could be released and the wounds of the victims and their loved ones are still bleed and have no consolation, but the survival of those convicted and sentenced by the execution of the sentence without parole or decrease. These attitudes humanitarian disparate and each of which views the Amnesty Law or any other law to be issued depending on their location and interests, and the pain and the damage suffered by them, are unacceptable attitudes and we must respect them and treat them calmly and patiently and acknowledgment that any law or any human action can not be released or be complete, because the shortfall humanitarian recipe which requires a lot of revision, research and discussion with the owners of competence in the areas of justice and public prosecutors, law, sociology and management of prisons and social reform in order to formulate a general theory of the amnesty and tolerance of Iraqi society, which seems to be between each period and the period will be issued an amnesty law making plenty people do not trust or do not care about so much the decisions of court proceedings that no matter how tired or worked hard in order to reach fair verdicts, then it is at the end, however, the executive branch (and its agencies, government and security police), which owns alone to act and influence in the life and freedom of the people and can do in them what they want At any time you wish.   Sattar Ramadan Deputy Attorney General Kurdistan Region -alarac

[captl1]

Thanks Yota. No surprise here.

[Theseus]

Hey no chewing gum unless you have enough for the rest of us!

[SnowGlobe7]

[yota691]

 

One Iraqi prisoners in correctional facilities

The government did not send the amendments to the amnesty law and mechanisms of complex application delay

 

Author: MK 
Editor: HH 
11.10.2016 13:11 
Number of Views: 48

 

Long-Presse / Baghdad 

Legal Committee of the House of Representatives rejected on Tuesday, sending the government any amendments to the general amnesty passed by Parliament in the 25 of last August the law, and stressed that the law "in effect", as pointed out that law enforcement on the ground, "the need for a time because of its mechanisms complex. "

The parliamentary legal committee member Hassan Turan, in an interview to the (long-Presse), said that "the government did not send any amendment to the amnesty law," stressing that "the law takes effect and are working with the judiciary in full swing across the committees concerned."

He said Turan that the "law needs time to implement it on the ground because of the complex its mechanisms," adding that "if the government has sent an amendment to the law to the House in the future they will not stop her labor law authority to even make adjustments."

The Iraqi Council of Representatives voted 14 of its first legislative term of the third legislative year, which was held in, the (25 August 2016), the majority of the amnesty law.

The General Amnesty Law of the most important political program which was agreed upon between the political blocs to form a government in Hhler September of 2014 items.

The Iraqi Council of Representatives passed in the year 2008, the general amnesty act which released thousands of detainees at the time, but he met a broad objections by some political parties being contributed to the release of some of the leaders of al Qaeda in a timely manner.