Text 24911, 107 rader
Skriven 2008-12-11 15:44:25 av Roy Witt (1:397/22)
  Kommentar till text 24886 av Ward Dossche (2:292/854)
Ärende: Proof is evident                    (was) Loyalties
===========================================================
11 Dec 08 13:38, Ward Dossche wrote to Roy Witt:


 RW>> Certainly they cannot convict someone without proof!

 RW>> And as Ward indicated, legal wrangling such as an appeal must be in
 RW>> the works, as his sentence was to be carried out within 30 days of
 RW>> his conviction.

 WD> According to Iraq's criminal law an appeal must be entered within 30
 WD> days after sentencing and must be dealt with within 30 days after
 WD> that.

1st, there is what the Iraqi legal system - Al-Waqa'I Al-Iraqiya aka
Official gazette of the Republic of Iraq

Iraqi High Criminal Court Law

No 4006 Ramadan 14, 1426 Hijri 47th year
October 18, calls:

A Cassation Panel, which shall specialize in reviewing the provisions and
decisions issued by one of the criminal or investigative courts.

A. The Cassation Panel shall be composed of nine judges who shall elect a
president for amongst them. The president of the Cassation Panel shall be
the senior president of the court and shall supervise its administrative
and financial affairs.

B. The felony court shall be composed of five judges who shall elect a
president from amongst them to supervise their work.


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                               O\


PART ONE
Cassation

Article 25

First: The convicted pr the public prosecutor has the right to contest the
judgments and decisions before the Cassation Panel for any of the
following reasons:

1. If a judgment issued is in contradiction with the law or there is an
error in interrupting it.

2. An error in procedures.

3. Material error in the facts which has led to violation of justice.

Second: The Cassation Panel may affirm, reverse or revise the decisions
taken by the Criminal Court or the decisions of the Investigative Judge.

Third: When the Cassation Panel issues its verdict to revoke the judgment
of acquittal or release issued by the Criminal Court or the Investigative
Judge, the case shall be referred back to the Court for retrial of the
accused or for the Investigative Judge to implement the decision.

Fourth: The period of appeal shall be in accordance with the provisions of
the Iraqi Criminal procedure Code No. 23 for the year 1971 that is in
effect, in case there is no specific provision in that regard


Article 27

First: Sentences shall be carried out in accordance with the Iraqi legal
system and its laws.

Second: No authority, including the President of the Republic, may grant a
pardon or mitigate the punishment issued by the Court. The punishment must
be executed within 30 days of the date when the judgment becomes final and
non-appealable.


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                               O\


Note that the accused has to go back for a 'retrial' if the panel reverses
or revokes a judgement. (that could take 60 days or even more to reset a
re-trial)

At no time is there a carrying out of the sentence until all avenues of
appeal have been exhausted. (see Article 27)

 WD> If it hasn't been dealt with, the punishment is carried-out.

Wrong.

 WD> So legal wrangling at best can buy a convict 60 days there.

Wrong again.

 WD> Try political wrangling ...

Try reading the Iraqi law first, then look at the procedures required.


                R\%/itt



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