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Proposals for Reform of the Public Prosecution Service

We have translated a paper by Judge Nassir Omran al-Mousawi setting out a history of the Public Prosecution service and making proposals for further reform to enable the service to achieve its potential and fill the roles allotted to it by current Iraqi legislation. Judge Nassir notes that the Public Prosecution is not yet able […]

Continuing Supervision and Punishment After Release from Prison

Prior to 1978 the continuing punishment of those released from prison after serving their sentences was regulated by Articles 342 to 351 of the Criminal Procedure Code. RCC Resolution 997 of 1978 deleted these provisions and replaced this regime with some new provisions relocated to amended sections of the Penal Code No. 111 of 1969. […]

Justice and Accountability Commission bars candidates and parties from election – Reference to Federal Supreme Court: Updated

The Washington Post reports on 8 January 2010 and 20 January 2010 that the Justice and Accountability Commission have recommended the exclusion of about 500 candidates and 15 political parties from participation in the forthcoming election on 7 March 2010. According to Asarq Alawasat on 19 January 2010, those excluded include Sunni politician Saleh al-Mutlaq, […]

Higher Judicial Council hosts criminal evidence conference

On 24 December 2009, the Higher Judicial Council hosted a conference on criminal evidence. The opening address was given by Chief Justice Medhat al-Mahmoud and speakers included Prime Minister Al-Maliki and the US, UK and Australian Ambassadors. Representatives from the Ministry of Interior including Brigadier Dr. Iden Khalid, Deputy Interior Minister, from the judiciary including […]

Three decisions of the Court of Cassation – Penal Board

The Higher Judicial Council have published a judicial bulletin containing a number of prominent decisions of the Cassation Court and in addition, research, studies and news. The three decisions of the on criminal law are outlined beneath: 144 of 2007: If the confession of an accused is contradicted by other evidence collected in the case, […]