Level of Fines for Criminal Offences

Posted on | January 30, 2010

Inflation has greatly devalued the Iraqi Dinar since the Criminal Laws Promulgated in the 1960s, 1970s and 1980s. The Penal Code and other laws provides for fines to be levied by the courts at levels which are now too small to have any deterrent effect.

The Council of Representatives passed Law No. 6 of 2008 which will come into force when it is published in the Official Gazette. Unfortunately at the time of writing, this publication has not yet happened. Article 2 of the amendment law provides that:

The fines provided in the amended Penal Code No. 111 of 1969 shall be as following:
A- In cases of infractions, the amount of fine must not be less than 50,000 ID and must not exceed 200,000 ID.
B- In cases of misdemeanors, the amount of fine must not be less than 200,001 ID and must not exceed 1 million ID.
C- In cases of felonies, the amount of fine must not be less than 1,000,001 ID and must not exceed 10 million ID.

Article 5 states that:
The fines set forth in other laws which are stipulated in Para. (Second) of the (dissolved) Revolutionary Command Council Resolution No. 206 of 1994, which is repealed under this law, shall be ten times what they are stated to be in these laws.

RCC Resolution No. 206 of 1994 made reference to a great number of Laws and RCC Resolutions.

The CPA in Memorandum 3 removed some of the references to specific amounts of fines in the Criminal Procedure Code No. 23 of 1971