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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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Looking back at the ‘Future of Iraq’

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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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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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Special Courts and Tribunals

The normal Federal Judiciary is described here. This post lists the courts and tribunals outside the administration of the Higher Judicial Council. Article 95 of the Constitution states that: The establishment of special or extraordinary courts is prohibited. Article 15(I) of the Transitional Administrative Law (TAL) had stated: Civilians may not be tried before a […]

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Special Courts and Tribunals

The normal Federal Judiciary is described here. This post lists the courts and tribunals outside the administration of the Higher Judicial Council. Article 95 of the Constitution states that: The establishment of special or extraordinary courts is prohibited. Article 15(I) of the Transitional Administrative Law (TAL) had stated: Civilians may not be tried before a […]

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Sources of Law in Iraq

Below, we have attempted to set out the major sources of law in Iraq. Giving examples from the criminal law field. 1. Post 2005 by law (qanun) passed by the Council of Representatives, approved by the Presidency Council and Published in the Official Gazette e.g. • Law No. 13 of 2007, Reintroducing the safeguards contained […]

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Sources of Law in Iraq

Below, we have attempted to set out the major sources of law in Iraq. Giving examples from the criminal law field. 1. Post 2005 by law (qanun) passed by the Council of Representatives, approved by the Presidency Council and Published in the Official Gazette e.g. • Law No. 13 of 2007, Reintroducing the safeguards contained […]

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