Treatment of Torture in the Penal Code No. 111 of 1969

We are fortunate that Professor Wasfi al-Sharaa of Basra University has permitted us to publish his research paper on the treatment of Torture in the Penal Code No. 111 of 1969.

Article 333 of the Penal Code states:
Any public official or agent who tortures or orders the torture of an accused, witness or informant […]

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Statements of Dying Victims

We are fortunate that Professor Wasfi al-Sharaa of Basra University has permitted us to publish his research paper on Statements of Dying Victims.

Article 216 of the Criminal Procedure Code No. 23 of 1971 states that:
The court may accept the statement of a dying victim as evidence relating to the offence and its perpetrator […]

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Discrimination Against Women in Iraqi Society and the Penal Code No. 111 of 1969

Dr Bushra Al-Aubaidi of Baghdad University College of Law has kindly permitted us to publish her research (in Arabic) on gender discrimination in Iraqi Society and in the Penal Code No. 111 of 1969.

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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 […]

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Level of Fines for Criminal Offences

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 […]

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Public Prosecutor Law No. 159 of 1979

The Public Prosecutor Law No. 159 of 1979, published in the Official Gazette, issue 2746 of 17 December 1979, was one of a number of laws enacted under the only partly realised law reform project which emerged from the Legal System Reform Law No. 35 of 1977. This was an attempt to use […]

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When does life really mean life?

The Iraqi Penal Code No. 111 of 1969 in article 87 defines the term ‘life imprisonment’ (sijn mua’abbad) as “the confinement of a convicted person in a penal institution set up by law for that purpose for a period of 20 years”. This form of punishment could apply when a serious crime such as intentional […]

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Looking back at the ‘Future of Iraq’

From October 2001 until early 2003 over 200 international experts and exiled Iraqi engineers, lawyers, businesspeople, doctors and others, spearheaded by the US State Department, met to discuss and advise on public health and humanitarian needs, transparency and anti-corruption, oil and energy, defense policy and institutions, transitional justice, democratic principles and procedures, local government, civil […]

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Law Reform 1977 style

In 2009 Baghdad and Erbil are subject to a veritable barrage of law reform proposals. The Council of Representatives is sitting on proposals for constitutional review and bills such as those to give a sure footing to the judiciary; to give a proper structure to the various anti-corruption bodies; for a constitutionally compliant process to […]

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Gertrude Bell’s 1920 Review of the Civil Administration of Mesopotamia

In 1920 the British Mandate power commissioned a report, written by Gertrude Bell of the Civil Administration of Mesopotamia, covering the period of the British Military Occupation up to the summer of 1920. It was applauded by both houses of the British Parliament upon receipt.
She noted that “at various times modifications [had been] […]

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