Posted on | April 12, 2009
The Penal Code 111 of 1969 replaced the Baghdadi Penal Code of 1919 with effect from 15 December 1969.
It has been amended on a number of occasions.
With effect from 10 June 2003, CPA Order 7 Section 2(1) provided that “the Third Edition of the 1969 Iraqi Penal Code with amendments, registered in Baghdad on the fifth day of Jumada I 1389 or the nineteenth day of July 1969, shall apply”. This effectively turned back the clock and applied the Penal Code as it existed at the beginning of 1985, incorporating only amendments made up to that date. Other amendments were thereby effectively repealed such as that made by RCC Resolution 840 of 1986, amending Article 225 of the Penal Code to impose harsh punishments on those convicted of insulting the state. RCC Resolutions which dealt with areas of criminal law but which did not specifically amend the Penal Code must be presumed to stand unless otherwise repealed.
CPA Order 7 Section 2(1) went on to suspend the operation of Article 200 (party members belonging to a party other than the Ba’ath party) and Article 225 (publicly insulting the President).
CPA Order 7 Section 3(1) suspended the operation of capital punishment. Capital punishment was re-introduced for some offences by the Interim Government on 8 August 2004 by Decree Number 3 including for some offences that had not previously carried the death sentence such as most forms of kidnapping.
CPA Order 7 Section 3(2) prohibited torture and cruel, degrading or inhuman treatment or punishment.
CPA Order 31 Section 2(1) modified the maximum sentences for kidnapping under Articles 421, 422 and 423 increasing them to life imprisonment which means life. These penalties were subsequently increased to the death penalty by Decree No. 3 of 2004.
CPA Order 31 Section 2(2) suspended the mitigation of sentence provisions in Article 426.
CPA Order 31 Section 2(3) suspended the provision in Article 427 that if a kidnapper married his victim, his criminal action is voided and any investigation is suspended.
CPA Order 31 Section 3(1) modified the maximum sentence for rape under Article 393 increasing it to life imprisonment.
CPA Order 31 Section 3(2) modified the maximum punishment for indecent assault under Article 396 increasing it from 7 years (or 10 years if the victim was under 18) to 15 years.
CPA Order 31 Section 4(1) modified the maximum punishment for wrecking, destroying or otherwise damaging water, electricity or oil installations or other public utilities under Article 353(1) increasing it from 7 years (or 10 years if the installation is caused to close) to life imprisonment.
CPA Order 31 Section 5(1) modified the maximum penalty for theft involving aggravating factors in Articles 440 to 443 increasing it to life imprisonment if the offense involved the use fo force to commit the theft of a Means of Transportation.
CPA Order 55, establishing the Commission on Public Integrity (now the Commission of Integrity) amended Articles 135 and 136 of the Penal Code to accommodate the new Commission.