The impact of General Amnesty Law No. (27) of 2016 on civil and financial matters

Abstract

A general amnesty is a measure issued by the legislative authority whose purpose is to decriminalize the “criminal” act and waive the original, accessory, and complementary penalties. The “criminal act” becomes stripped of its criminal character and the resulting sentence becomes legitimate and permissible. Thus, the provisions of the criminal laws regarding the “criminal act” are suspended after it is included in this general amnesty law, on the one hand. On the other hand, it represents society’s abandonment of the public right - the personal right of society - to Imposing punishment on the perpetrator and erasing the effects that resulted from committing the criminal act. This is the purpose of the effective text of the Iraqi Penal Code No. (111) of 1969 AD, as amended in Article (153) thereof.

In addition to the text of Paragraph (3 of Article 153) of the same law, which states: “The Amnesty Law does not affect the personal rights of others, and does not result in a breach of civil, financial, or disciplinary responsibility, unless the law stipulates otherwise. That is, the General Amnesty Law, upon its approval, specifies the crimes covered by its provisions, and the categories covered by its provisions upon expiration of its term.”.” That is, the general amnesty law when Its issuance stipulates the crimes covered by its provisions, and what categories are covered by its provisions upon its entry into force and excluded from it, and that the General Amnesty Law creates a number of effects, including penal effects, including civil effects, including those related to the financial aspect and others related to the disciplinary aspect.