Criminal Procedure Code at Iraq
Iraq's criminal justice system is primarily governed by Law No. 23 of 1971, known as the Criminal Procedure Code (Qanun al-Ijra'at al-Jina'iyya). This law was enacted on 14 February 1971 and has undergone numerous amendments to address evolving legal and procedural requirements.
๐ Overview of the Criminal Procedure Code
The 1971 Code, influenced by the Egyptian Criminal Procedure Code, outlines the procedures for criminal investigations, prosecutions, and trials in Iraq. Key features include:
Investigation and Prosecution: Criminal proceedings can be initiated through complaints submitted to investigative judges, police officers, or any individual aware of a crime. The law specifies that complaints cannot be withdrawn once filed, ensuring the integrity of the legal process. (Criminal Procedure Code 23 of 1971)
Arrest and Detention: The Code delineates the conditions under which individuals can be arrested and detained, emphasizing the necessity of judicial oversight.
Rights of the Accused: Provisions are made to ensure the accused's rights during the investigative and trial phases, including the right to legal counsel and the presumption of innocence.
Extradition Procedures: The Code outlines the conditions under which Iraq may request or grant extradition, detailing the documentation required and the legal processes involved. (Chapter 2)
๐ Amendments and Reforms
Over the years, the Criminal Procedure Code has been amended to address emerging legal challenges and to align with international standards. Notable amendments include:
2010 Amendment: This amendment introduced changes aimed at enhancing the efficiency and fairness of criminal proceedings.
2016 Amendment: Further revisions were made to address specific legal concerns and to improve the administration of justice.
2019 Judicial Reform Package: A significant reform package was introduced, amending the Code to align with the objectives outlined in the Judicial Reform Strategy Document. These amendments focused on improving the independence of the judiciary and ensuring fair trials. (Significant Amendments To The Code of Criminal Procedure Under The First Package of The Judicial Reform [Lexisยฎ Middle East])
2024 Amendment: In November 2024, the Iraqi presidency announced the approval of a new amendment to the Code of Criminal Procedure. Details of this amendment are yet to be fully disclosed. (Presidency announces the approval of the law amending the Code of Criminal Procedure)
๐ Accessing the Code
The full text of the Criminal Procedure Code, including its amendments, is available through various legal resources:
UNODC โ Criminal Procedure Code 23 of 1971 (as amended to 14 March 2010)
MENA Rights Group โ Code of Criminal Procedure of 1971 as amended in 2010
Arab Legislations Portal โ Law 23 of 1971 on Criminal Procedure
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