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Public Prosecutor Law No. 159 of 1979

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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 “legislation . […]

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kashf al-dalala ‘Discovering the evidence’

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‘Discovering the evidence’ (kashf al-dalala) is a procedure whereby an accused who has made a confession is taken to the crime scene in order to explain to the investigative judge, or any other person taking the investigative judge’s place in conducting the investigation, the actions that the accused took in committing the crime. Usually, police […]

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When does life really mean life?

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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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When does life really mean life?

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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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Iraqi Police (al-shurta al-iraqiyya) للشرطة العراقية

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The police in Iraq operate under the supervision of the Ministry of Interior. The police and the Iraqi army (which operates under the supervision of the Ministry of Defence) are sometimes collectively referred to as the Iraqi Security Services. The Police and other forces controlled by the state excepting the army are sometimes referred to […]

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National Elections in Iraq since 1924

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A referendum on the monarchy in 1921 was followed by elections to the Constituent Assembly of 1924 which approved the text of a constitution later signed by the King in 1925. Under the constitution of 1925, Iraq was a monarchy, with two Houses of Parliament, a Senate, appointed by the King, and a House of […]

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Criminal Procedure and Human Rights

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With the aim of identifying potential areas for proposed reform, we have closely compared the provisions of the Criminal Procedure Code No. 23 of 1971 with the provisions of the following legal instruments that carry the force of law within Iraq: the 2005 Iraqi Constitution, the UN International Covenant on Civil and Political Rights, the […]

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Criminal Cassation

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See court structure diagram and criminal cassation pathways diagram. Iraq is a party to the International Covenant on Civil and Political Rights which states at Article 14(5) “Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.” The mechanism by which Iraq […]

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