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General amnesty law
 

Based on what has been passed by the House of Representatives and ratified by the Presidency Council, and according to provisions of clause (first), article (??); and clause (third) of article (73) of the constitution, the following law was issued: law No. (  ) for 2008, Amnesty law.

Article (1?):

Iraqi convicts and who lived in Iraq shall be generally pardoned for the rest of their sentences, and be released by a decision from the committee formed under article (?) of this law.

Article (2):

The followings are excluded from the provision of article (?) hereof:

First: persons sentenced to death under the Iraqi Penal Code no. (???), for 1969;

Second: convicts for the following crimes:

a.    Crimes set forth in clause (second), article (?) of the Iraqi Supreme Criminal Court no. (??), for 2005.
b.     Terrorist crimes if resulted in killing or permanent disability
c.    Premeditated murders  
d.    Manslaughter crimes in which affected people would not waive their personal rights.
e.    Crimes of kidnapping
f.    Crimes of theft associated with an aggravated factor  
g.    Embezzlement or deliberate sabotage of state property
h.    Rape and sodomy
i.    Crimes of incest
j.    Counterfeiting of Iraqi or foreign currency, and crimes of official documents forgery
k.    Drug offenses
l.    Crimes of smuggling antiquities.
m.    Offenses set forth in the Military Penal Code no. (??), for the year (????).

Article (3):

a.    Legal actions taken against suspects in crimes except those crimes cited in clause (second) shall be totally suspended from article (?) hereof, whether their cases were under investigation or trial, on the other hand, the detainees thereof shall be released by a decision of the committee formed per article (?) of this law.
b.    The committee formed per article (?) hereof shall release any detainee if he remained in arrest for more than (6) months and was not referred to an investigating magistrate or had been in arrest for more than a year and not yet turned to a competent court.

Article (4):

In the case the person pardoned under the provisions of this law has committed a premeditated crime cited in article (?) of this law within (5) years from the date of pardon, he will be subject to sentences he was relieved from and criminal proceedings will be taken against him if he has been pardoned on investigation and trial rounds.

Article (5):

First: a committee or more shall be formed on the order of the President of Supreme Judicial Council in each appellate region presided by a first rate judge and the membership of three judges to undertake the implementation of this law, however, the prosecution shall be represented before the committee by one of its members designated by the chief prosecutor.  

Second: people covered by the provisions of articles (?) & (?) of this law or their respective relatives may apply to have their cases considered for pardon to committees formed under article (?) of this law, and thereby, committees shall be obliged to look into those request.  

Third: the committee formed under the clause (a) hereof shall audit the files of those who are covered by the provisions of this law and shall issue its decisions accordingly, its decisions, however, will be subject to appeal before the district court of appeal in its capacity as cassation court as well.  

Article (6):

Iraqi government shall take the necessary actions to transfer the detainees from the multinational forces prisons to Iraqi's to implement the provisions of this law against them.

Article (7):

The provisions of this law shall apply to crimes committed before its enforcement.

Article (8):

The Supreme Judicial Council may issue directions to facilitate the implementation of the provisions of this law.

Article (9):

This law shall be published in the official gazette and deemed as effective from the date of its issue.

Explanatory statement

With a view to provide the opportunity to delinquents of Iraqis or who were resident in Iraq but perpetrated some offenses, to get back to their right mind and integrate into social life, and with aim to spread the spirit of tolerance and reclaim whoever deviated from the right path by pardoning him, and for the purpose of bringing all Iraqis build together their homeland, and to release those convicted or sentenced due to commitment of crimes covered by pardon, this law is duly enacted.