Lightings on draft general amnesty law & gravity inclusion money laundering crimes
Lightings on the draft general amnesty law and gravity inclusion of money laundering crimes
Abdul - Qader al - Qaisi Saturday February 27, 2016
Before accessing the subject of our article this, I wanted to note that, the content of this article shared with me the brother of Dr. reverent Khaled al-Janabi, and presented to a group of existing members of the judiciary and the former for the purpose of seeking more and take advantage of the views that admire her and her position in the legal level, in order to be Adaouatna her real habitat of the draft general amnesty law to be enacted, and some of them Arvedny simple observations of a telephone, and some of them did not even think Bajapti to my letter to him, and sought them an excuse to Mchgolathm which prevented them even from writing a single word in response to my door pulled down people's homes, and they are brothers us and we are proud of them and they have every respect, and I say, raises the general amnesty law divergent political positions that focus on the material contained in the persons covered by or excluded from it for fear of the potential benefit of the accused and sentenced in accordance with the anti-terrorism Act No. 13 of 2005 issued by their release despite the consensus blocks on the importance and considered as one of the important steps to achieve national reconciliation, not forgetting, that the number of many of the convicts and the accused this law (12 thousand accused and sentenced to terrorism), were victims of forced confessions and secret informant who said he and Minister of Justice, the existence of (600) informant secret liar , and before the President of the Supreme Judicial Council to refer about 500 secret informant to the elimination of false claims, and some of them toppled hundreds of citizens, as happened in Abu Ghraib, when he caused the testimony of secret informants two, in the hundreds of young people were arrested in years ago, which requires the expansion of cases covered by the amnesty, according to Mr. Mohsen al-Sadoun permit, (the number of people who Ciecmlhm amnesty before the law to parliament currently does not exceed five thousand defendant is doomed because of the fourteen exceptions contained in the law calling to find a proper legal formulas to include other numbers of prisoners .. noting that The bill in its current form does not satisfy the ambition of the current phase).
And below our observations on the bill:
Notes on a draft general amnesty to be the law of the legislation: first / Article (2) are amended as follows: (the provisions of Article 1 of this law shall apply to suspects and defendants all, both of them against the criminal complaint or made no progress , legal action taken against him or did not take, and whether they are in the role of the investigation or trial and are released than has been captured by a decision of the competent court or judge competent investigation).
Secondly / Article (3), stated in the text:
(... pay consequent owed covered by the provisions of this law financial obligations for the benefit of the state or the people).This means that the accused is convicted or Almkiflin they must pay the required amounts, whether the state or the people despite the lack of evidence of the charge against them under a fair trial, there is a need not to the inclusion of the defendants tightly that article with regard to the payment of Almadah.nguetrah commitments be adjusted as follows:
(i / are required to implement Amnesty's decision in accordance with Article (6) on the basis of articles (1) and (2) of this Act repay owed sentenced only, and covered by the amnesty of the State or the natural and moral people, according to the civil Liability Second / required for murder waiver complainant or with the victim in front of the agency that issued the amnesty and cleared immediately for the meets the requirements of this article).
or another opinion with respect to
First: ((do not call the convict released from the included offense of the provisions of this law are not recovered from him the money which was signed by the crime or what turned him or replaced the him or value))
with respect to Article III IV: You must modify the beginning of the text of the article according to the following (exempted from the provisions of articles (1) and (2) the perpetrators of the following crimes: ..)
mentioned in the article (iv) a number of exceptions, including: Second (offenses provided for in the anti-terrorism Law No. 13 of 2005) and we propose several amendments on this exception to be amnesty law provoked product, as described below:
A. there is a need with the exception of some of the crimes that fall under the anti-terrorism Act, which received Tosifadtha in the text of the article (2 / Vq 1 according to two according to 3 according 4) of the law as crimes of belonging and support for terrorism and science terrorism crimes committed by individuals, groups or outlawed organizations locally and Dolaa.aba- suggest exception (Vq 1 / m 3) of the anti-terrorism Act, which are considered crimes of terrorism, an act that comes out any form of freedom of expression, and the first to include this case and other cases and were governed according to the terrorism Act as long as that does not lead to the crime of murder or infirmity Almstdamh.jim- there need to add that the text of its content:
the first opinion ((excludes everyone who was principal actor , with the intent indefinite terrorist crimes intends perpetrators killed the souls of non-specific and produce it, and was a principal actor or partner with the bombings that targeted judges, doctors, university professors and political symbols, religious or Iraqi security forces or government buildings))
second opinion ((excludes it was a principal actor in the bombing operations in accordance with the law against terrorism No. (13) for the year 2005 and committed against Iraqi security forces and organized crimes committed against judges, doctors, university professors and murders against political figures to spread chaos in the country))
and this text will include the Amnesty Law, armed acts against the occupation forces, and victims confidential informant and detainees in accordance with Article 4 of the terrorism Act who have not stained their hands with the blood of Alaracaan.dal-. Raising the fifth paragraph, which is within the exceptions; where it is not justice that does not include amnesty from libel or insult Alberlman.hae- stated in the Seventh (kidnappings) and better to be (kidnappings, which resulted in the killing of kidnapped or caused him permanent disability).
F. mentioned in (VIII smuggling crimes and prisoners arrested or convicted or accused of harboring all exempted from the provisions of this Act) crimes, and better exception shelter and be proposed amendment: (smuggling jailed or imprisoned or arrested) crimes. Za- stated in the eleventh (bribery, embezzlement, and theft of state funds and crimes of financial and administrative corruption crimes) suggest the inclusion of convicts only to be fined double the 5 times the amount that was embezzled or stolen, or that includes actor amnesty to recover the amount that was embezzled to condition Treasury Ath.oan law expressly provides for the non-inclusion of neglect crimes under articles 340 Q.
a amnesty law, which means that the accused or convicted of a crime of negligence in accordance with Article (341) s p be covered by the amnesty law, there is a need to clarify it; and this article specifically mentioned , so as not to soak Bmtabat different interpretations, as happened amnesty law the former number 19 for the year 2008 as some of the courts included Article (340) s p amnesty law and the courts of another no Chmlha.h- stated in the thirteenth (money laundering purpose of financing terrorist crimes) and this It means that money laundering is generally the crimes covered by the amnesty law, all money that is the purpose of a terrorist excluded, and scrutiny almost 95% of the money laundering and smuggling crimes abroad, we find, are no terrorist motives, but to increase the zero to figures from the perpetrators of money laundering crimes accounts, and in particular that issue to prove that the crime of money laundering has terrorist motives is difficult and complicated often, as they enter the names of major companies or buy property, farms and others, there is a need after the inclusion of all money laundering crimes amnesty law, because their inclusion means giving them the instruments of innocence accordingly Nas.tae- stated in the fourth ten (counterfeiting currency and banknotes, securities crimes and crimes falsifying official documents) better be (rigging crimes or counterfeiting or imitating currency and banknotes, securities and crimes of falsification of official documents), adding a new paragraph to Article (4): (I. counterfeits or use document or seminars forged certificate and the cause of obtaining the degree of functional assistant general manager or above or obtained as a member of parliament or a provincial council member or minister or the degree of it Badrjtah.
Second: the false identity of the Civil Status motivated sectarian, or a false certificate of First Instance for the purpose of appointment exclusively and livelihood) because it fraud, but it does not equate with counterfeiters other certificates for senior positions in Ath.ia- there is a need not to include other crimes amnesty law which ( theft of private banks and shops banking, goldsmiths and molesters staff and crimes of destruction and vandalism of public funds and crimes felonies punishable by death or life imprisonment and set out in the military Penal Code No. 19 of 2007) .kav- crimes are enshrined in the anti-terror law No. crimes (13) for the year 2005, were covered by the amnesty law No. 19 for the year 2008, while no coverage of this law, including:
1 (affiliation - gun - etc.) 2. (crimes that originated them - kill - or - permanent disability - only) (possession offenses use and trafficking silenced weapons, explosives and weapons with special category) received in the fourth paragraph of Article (4) .raava / stated in Article V (exempted from the provisions of this law includes the law of amnesty No. 19 of 2008, or a special pardon) best be solved misplaced: Rai first ((failure to extend the returnees who have committed intentional crimes after the issuance of the General Amnesty law No. 19 of 2008)).
second opinion ((if he commits forgiven him felony intentional within five years from the date of Out of this law, take the legal procedures against him both in stage of the investigation or trial and implement the right punishment exempt them))
V. item text (III) of Article VI (decisions issued by the committees formed positive this law be subject to appeal in which the aggrieved ...) note on this text, lacks determine the appeal type It (the appeal distinction), especially if the bill did not provide for the application of the criminal Procedure Code, procedures, and remedies provided for in this law only on the judgments and decisions issued by the courts that the problem according to the law, the text of item III also (.. subject to appeal by the damaged ..) which is inaccurate because the term aggrieved may not match the convicted or accused term or may be a decision in the interest of the convict, but it is not true; therefore suggests that the appeal of both the prosecution and the accused or convicted and the complainant, civil plaintiff and administrator Mdnaa.onguetrah amendment of Article (6) to be as follows:
((I - on the competent courts and investigating judges specialists and competent committees implement the provisions of this law within a period not to exceed ninety (90) days of the entry into force of this law and the injured party of the decisions issued in connection with it or on behalf of, or claim public appeal such decisions during the thirty (30) days from the date of issue before the Federal Court of discrimination in respect of criminal offenses and in front of the Court of appeal as discriminatory with respect to misdemeanors and infractions of crimes, and this court to issue a decision to appeal submitted within a period not exceeding (60) days from the filing of the appeal the date of these decisions and be Bath.thania - formed in all the reformist circle by order of the Chief justice of the Supreme Council for one or more committees, headed by a judge no less degree for the second degree and membership of a judge and president Aldatherh reformist undertake the implementation of the law on convicts who gained their judgments degree bits.) )
Sixth: Article (7) suggest Algaiha.saava / the Article (8), which reads: - (for convicted of a felony or a misdemeanor claims to extract confession by force the right to apply for a retrial and to the competent judicial authority when there is evidence retrial according to the law) and that means the inclusion of convicts (only) a retrial does not include suspects arrested reinvestigation who have not resolved their issues on the one hand and on the other hand, the accused sentenced coerced his confession under duress in the investigation stage, the process of proving that he was coerced require the display of the accused on forensic medicine to prove his claim, while if Send medico-legal after judging it to be wound or after distress has disappeared for the passage of a long time between the investigation and the trial stage, and mention; received phrase (according to law) in the final text of the article, and this means the application of Article 270 of the Code of criminal Procedure, which are seven reasons and when not achieved any reason, this means not covered by this paragraph, which most certainly is not covered; because if the check cause of retrial of used by the accused through his lawyer, so that this text has been emptied of its content, and better to have the text of the article:
((first: doomed a felony or a misdemeanor, and claims to extract confession by force or has been judged according to the malicious allegations of the confidential informant, the right to apply for a retrial and to the competent judicial authority referred to the competent court spatially for a retrial, even if the reason is not available, of the reasons for the retrial set forth in the text of Article 270 of fundamentalism.
Second, the accused of a felony or a misdemeanor, and claims to extract confession by force or check the accused based on malicious allegations of the confidential informant, the right to apply for re-interrogated in the presence of his lawyer authentic and not a director, according to the jurisdiction of the spatial crime and to the competent judicial authority to refer the case to the investigator Justice Department to re-investigation to ensure that he is not compulsion again)) or another amendment to Article (8): ((re-investigate the other hand, investigative and returned the trial of everyone who was recognition or certificate of another defendant, or allegations detective series; influential evidence in referring it to the courts or indictment or convicted in crimes not covered by the amnesty and void with a consequent recognition or the certificate of procedures))
Add items: ((cleared immediately release the detained or arrested for more than three (3) months prior to transmittal to an investigating judge, and suspended for two more (6) six months before referring it to trial or arrested more than (18) eighteen months has not been a final judgment in his crime)).
Eighth / Article (13) of the draft general amnesty law that [the provisions of this Act, shall apply to crimes falling by force and note this text is the inadmissibility of the receipt of this law because of the nature of the general amnesty that does not apply to crimes falling after the entry into force. we wish the law was passed in the current period, away from the many exceptions emptied the amnesty law of its content, and work to reduce these exceptions to the release of thousands of detainees years, some of them without questioning or proven guilty since, as well as stop the resolutions of the death sentence issued against hundreds of detainees and re trial in line with the currently proposed reform plans, and must be seen from the viewpoint of a humanitarian, not political, in order to reduce the number of detainees and prisoners, does not mean that the perpetrators of serious terrorist crimes, but the crimes that can be relieved by and reintegrated back to the community.