A general amnesty for sanctions in Iraq, confirming the disciplinary sanctions issued against the public employee

Author:
Omer Wisam Ali Al-Karawi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Mohamad Taqi Tabarsa

Since the general amnesty removes the criminal character of the act, it is tantamount to a waiver by the social body of all its rights by the offender, forgetting his crime and giving him an opportunity to return to society again in order to reform it. A general amnesty is issued through the legislature and society waives its right to punish the perpetrators of a particular crime or offenses for reasons the legislature deems appropriate; Therefore, it can only be issued by a law by the competent authority, as the power to issue a general amnesty law can only be given by the legislative authority that expresses the will of society. A general amnesty is different from a special amnesty. If a general amnesty is issued, it has penal effects related to punishment and precautionary measures, and other disciplinary measures if the perpetrator works in a public position. As for civil liability, compensation is the right of the victim of the crime. In view of the importance of the general amnesty from various economic and political aspects, and for the purpose of achieving justice, the Kurdish legislator has issued a number of amnesty laws, the first of which is Law No. 4 of 2007, the second of Law No. 4 of 2012, and the third of Law No. 27 of 2016, and the fourth, and last, Law No. 4 of 2017, from which a large number of convicts benefited from throughout the Kurdistan region of Iraq. This was the reason for our selection of this topic and with the aim of identifying the gaps and shortcomings of this legislation and providing suggestions and recommendations to the Kurdistan legislator to fill those shortcomings. The study relies on the descriptive analytical approach that is represented in Emphasis on disciplinary punishment, as the most appropriate for this research, and in line with the research hypothesis and its problem, is to follow the analytical approach to the texts, and deal with them with some flexibility, focusing on the purposes and objectives of the texts, and trying to interrogate them in proportion to the progress made in this field. A general amnesty for sanctions in Iraq, stressing the disciplinary penalties issued against a public employee?The most important results The general amnesty in Iraq is conditional on the pardon not committing a felony or a premeditated misdemeanor similar to the felony or misdemeanor from which he was pardoned. The General Amnesty Law No. (27) of 2016 excluded from its provisions civil, disciplinary or disciplinary responsibility in Article (1) of the said law, which stipulated On the following: A general amnesty is granted to an Iraqi sentenced to death or to one of the penalties or measures depriving his freedom, whether the sentence was in presence or in absentia, acquired a final degree or not, and without prejudice to civil, disciplinary or disciplinary responsibility.