Penalty of discharge from military service (comparative analytical study)

Yasser, Khairi Bri

doi:10.37651/aujlps.2025.165846.1630

	Penalty of discharge from military service (comparative analytical study)
Journal of Anbar University for Law and Political Sciences
Article 35, Volume 16, Issue: 1, March 2026, Pages 1069-1090 PDF (816.45 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.165846.1630
Author
Khairi Bri Yasser^*
Southern Technical University - Engineering Technical College in Maysan
Abstract
The research topic deals with the penalty of discharge from military service, which is a secondary penalty stipulated in the Iraqi Military Penal Code No. (19) of 2007. If this penalty is imposed on a limited segment of military personnel, namely military officers, and not others affiliated with the military institution, it cannot also be imposed on civilians in the civil service, as this penalty is applied to the military officer as soon as he is sentenced to an original penalty, meaning that the imposition of the penalty of discharge is linked to the duration of the original penalty and not to the type of crime committed, as this penalty is applied as soon as the military officer is convicted and sentenced to an original penalty for crimes stipulated in the Military Penal Code No. (19) of 2019 or the General Penal Code No. (111) of 1969 or the special penal laws attached to it. This penalty is classified as one of the very harsh military penalties, as it comes after the death penalty. In fact, some military officers prefer to be subject to the death penalty rather than being subject to the penalty of discharge from military service due to its negative effects on the military officer, which we will address in the research.
Keywords
Criminal penalties; subsidiary penalties; military penalties; deportation penalty; military service

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