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Proposals for Reform of the Public Prosecution Service

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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 […]

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Level of Fines for Criminal Offences

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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 […]

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Level of Fines for Criminal Offences

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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 […]

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Aegis Trust

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The Aegis Trust campaigns against crimes against humanity and genocide. Aegis runs the Kigali Memorial Centre in Rwanda (with Kigali City Council) and the Holocaust Memorial and Educational Centre in the UK. It provides research and advocacy support to the All Party Parliamentary Groups on the Prevention of Genocide and Crimes Against Humanity in the […]

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Ali Hasan Al Majid executed

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The BBC reported on 25 January 2010 that Ali Hasan Al Majid (known as ‘Chemical Ali’) was hanged on 25 January 2010. As previously noted, he received a 4th death sentence on 17 January 2010. Rule 90 of the Rules of the Iraqi High Tribunal provide that judgments of the tribunal are implemented in accordance […]

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Ali Hasan Al Majid executed

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The BBC reported on 25 January 2010 that Ali Hasan Al Majid (known as ‘Chemical Ali’) was hanged on 25 January 2010. As previously noted, he received a 4th death sentence on 17 January 2010. Rule 90 of the Rules of the Iraqi High Tribunal provide that judgments of the tribunal are implemented in accordance […]

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Continuing Supervision and Punishment After Release from Prison

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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. […]

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Higher Judicial Council hosts criminal evidence conference

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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 […]

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Three decisions of the Court of Cassation – Penal Board

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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, […]

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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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