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Amnesty as a cause of the expiration of the criminal case in the Code of Criminal Procedure Iraqi force | ||
| Risalat al-huquq Journal | ||
| Article 2, Volume 3, Issue 2, 2011, Pages 20-38 PDF (0 K) | ||
| Author | ||
| dhiy abd alla | ||
| Abstract | ||
| Amnesty as a cause of the expiration of the criminal case Go through several stages of the criminal case, even expire for any reason, and reasons that lead to the expiration of the criminal case law was issued a general amnesty or a pardon private, and in any of its phases (preliminary investigation, judicial investigation, trial, appeal the sentence, the sentence), This was confirmed by the general legal provisions contained in the Iraqi Penal Code No. (111) for the year 1969, as amended, and the Code of Criminal Procedure No. (23) for the year 1971, as amended, in addition to what comes by the law of amnesty provisions of the show effect in terms of persons and acts, and the implications of issued on the criminal and civil suits. Is to resort to pardon, for reasons and justifications for many vary according to type of amnesty, Valafo year, the reason the public to the expiration of the criminal case, issued by a law of the legislature, for reasons related to the situation of the country's security, economic, social and political, as well as policy requires criminal in some cases resort to the issuance of such a law on the grounds that the main objective of that policy to achieve security and stability in society, and may be issued for reasons and goals of personality related to the ruling regime in the state, especially if the regime is authoritarian authoritarian, and there is no parliament or legislative authority effective, but merely a council of my photos or formality , and the pardon releasing the decision of the President (the Presidency, former), at the suggestion of the Prime Minister on the issue or issues, or the accused or condemned to a specific, with the need to take into account the exceptions contained in the Constitution regarding the right to private, sentenced for the crimes international terrorism and the administrative and financial corruption. The scent of great importance, because the political criminal of the state in some cases require the cessation of legal proceedings against persons accused of crimes in general, or of a particular kind, or governed by, which requires a legal mechanism by which to achieve this, the issuance of the amnesty law. | ||
| Keywords | ||
| Amnesty | ||
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