REPUBLIC OF IRAQ Ministry of Defense General Legal Advisor. Military Penal Code No. 19 of 2007

Transcription

1 REPUBLIC OF IRAQ Ministry of Defense General Legal Advisor Military Penal Code No. 19 of 2007 First Edition October, 2007

2 In the Name of the People Presidency Council Decree no. (18) Upon Parliament approval, pursuant to provisions of Article (61/First) of the Constitution and based on the provisions of section (Fifth/A) of Article 183 of the Constitution, The Presidency Council, during its session on 18/04/2004, hereby issues the law hereinunder: MILITARY PENAL CODE NO. 19 of 2007 CHAPTER I Applicability ARTICLE I: First: Provisions of this law shall be applicable to: a) Iraqi military forces personnel in service; b) Cadets of military college and army schools or institutes; c) Retired or redundant officers, warrant officers, staff sergeants, graduate or redundant soldiers, demobilized soldiers from the army or any other military force where offence committed in service; d) Captives; with regard to offences committed against them in detention centers. Second: Definitions: The following words or phrases shall be interpreted as defined herein: A. Officer: means all military officers, from lieutenant up, in addition to Imams. B. Warrant Officer: means staff warrant officers and warrant officers, adjutant and first adjutant. C. Sergeant: means sergeant first class, sergeant, corporal first class, corporal, and soldier first class. D. Soldier: means any person employed by the Iraqi Army or any other military force, created at any time within the Iraqi military forces. E. Army: means ground, marine and air forces. F. Division: means any unit under the command of an officer. ARTICLE II: First: Mobilization: means calling up of reserves to serve in the army at incidents of foreign attacks. This includes active operations. 2

3 Second: Mobilization, stated in section (First) hereinabove, commences as of the date of issue of written order stating mobilization of all or part of the army and shall be valid until issue of order for termination of that state. Third: In case of mobilization for aircrafts and military vessels to leave Iraq Republic at times of peace, this would be valid until their return to base. ARTICLE III: Offences, under provisions of this law, which are committed by military persons in foreign countries during their presence with a military force, or committed by a military person that was delegated to fill a governmental post in foreign countries during his service, or students who are delegated or sent aboard on scholarships, are considered as offences that took place in Iraq, provided that they are not prosecuted for the same in these countries. ARTICLE IV: Iraqi captives shall be prosecuted before military Courts, pursuant to provisions of this Law, as well as provisions of Geneva Conventions relating to prisoners of war. ARTICLE V: First: Offences committed against a military person under the army of coalition countries, during joint military operations, are considered as committed against Iraqi military persons, provided that this country has entered an agreement with Iraq Republic on similar treatment. Second: Military person: means any person leading a military career. This includes those in Compulsory Military Service after passing the Military Service Law. ARTICLE VI: In order for the announcement of mobilization upon attack, all military land divisions, aircrafts, vessels shall be prepared for confrontation with the enemy as of commencement of preparations. ARTICLE VII: The following words or phrases shall be interpreted as defined herein: 1. Enemy: means any country or authority that launches armed attack against the Republic of Iraq, including armed gangs. 3

4 2. Armed: means state of carrying arms for purposes of service or summoning in arms upon orders or supervision of a commander to commence service. 3. Service: means Subject s performance of a specific military duty or execution of order by the Commander. 4. The Subject: means the person assigned to perform the service stated in section (Third) of this article hereinabove. 5. Commander: means assigning the performance of service stated in section (Third) of this article hereinabove. ARTICLE VIII: A offence committed in presence of a group of persons is considered as Aggravating Circumstance, provided that it occurs before at least 3 military persons, with the exception of the committer, partner and the higher rank, gathering for performance of a military operation. ARTICLE IX: The following words or phrases shall be interpreted as defined herein: 1. Security Guard: means armed military person assigned in a location to maintain order or maintain security, or control or watch by virtue of certain orders at times of peace or mobilization. 2. Guard Duty: means presence of one or more Armed persons under the command of a Commander for purposes stated in section (1) hereinabove, in time of peace or mobilization 3. Patrol: means a non-stationary Armed person who performs certain duty in a certain location for purposes stated in section (1) hereinabove, in time of peace or mobilization. 4

5 CHAPTER II TYPES OF PENALTIES ARTICLE X: Offences fall into two categories: First: Original Penalties: A) Death Sentence: Putting the convicted to death by means of shooting. Implementation is by virtue of the Law of Principles of Military Trials for military persons no. (30) of 2007 and Principles of Criminal Trials law no. 23 of B) Life Imprisonment: means imprisonment for 20 twenty years C) Provisional Imprisonment: means imprisonment for 5:15 years D) Rigorous Imprisonment: means imprisonment for 3:5 years E) Simple Imprisonment: means imprisonment for 24 hours to 3 months Second: Consequential Penalties: a) Termination of contract; b) Discharge; c) Expulsion; d) Transfer to half salary list; e) Deprivation of seniority. ARTICLE XI: First: i. In crimes, whose penalties are imprisonment not exceeding three years pursuant to provisions of this law, it is permissible to impose penalties, against the military officer, of fines or deprivation of seniority instead of the imprisonment penalty prescribed by law, in case of presence of remission grounds, provided that they are stated in the decision. ii. Deprivation of Seniority means extension of the minimum period for promotion, prescribed by law, for duration equal to the penalty, provided that it does not exceed 2 years. Second: Provisions of section (First) above do shall not be applicable to offences involving moral turpitude or breach of trust. 5

6 ARTICLE XII: Barrack Locking: First: It is imposed on the officer, warrant officer, sergeant and soldier. Second: An officer may be sentenced to Barrack Locking for a maximum of (15) fifteen days. Third: A soldier, sergeant and warrant officer may be sentenced to Barrack Locking for a maximum of (30) thirty days. Fourth: No cadet, in any military college, institute or school, shall be sentenced to Barrack Locking as a disciplinary penalty. ARTICLE XIII: Upon being sentenced to Barrack Locking, an officer, warrant officer, sergeant or soldier shall: First: Not be exempted from performing his duties in his department, barrack, parade field, or any other location; Second: Not be allowed to travel to any location upon conclusion of duties; Third: Not be allowed to see visitors, with the exception of visits deemed as part of duty. ARTICLE XIV: A Military person sentenced to Barrack Locking shall be entitled to receive his salary and compensations. ARTICLE XV: First: Discharge or termination of contract shall be enforced in case of prescription of any of the following penalties: a. Death sentence; b. Penalties relating to offences disturbing national and international state security and terrorism; c. Imprisonment for longer than (5) five years; d. Penalties for sodomy or rape crimes; e. Lack of a recruitment condition/term. Second: Discharge or termination of contract shall be applicable in case of imprisonment for periods not exceeding (5) five years. ARTICLE XVI: Needless to be stated in the verdict, penalty of discharge shall lead to: First: Loss of military rank; Second: Retrieval of medals if convicted in offence involving moral turpitude or breach of trust or disturbing national or international security; Third: Deprivation of re-recruitment in the army (as officer, warrant officer, sergeant or employee) or in any other security departments. 6

7 ARTICLE XVII: First: Discharge shall be inevitable in case of facing penalties of imprisonment for a period longer than one year. Second: Discharge may be applicable in case of facing penalties of imprisonment for less than one year. ARTICLE XVIII: Needless to be stated in the verdict, penalty of discharge shall lead to: First: Loss of rank and military post; Second: Deprivation of re-recruitment in the army in the post of officer or employee. ARTICLE XIX: Any officer sentenced by a non-military court for offence committed, after enforcement of this law, to imprisonment for a period longer than (1) one year. This includes conviction in crimes involving moral turpitude or breach of trust or any type of assistance in acts of terrorism or offences disturbing national or international state security, provided that the verdict is final, shall be deemed to be discharged from the army. ARTICLE XX: First: Penalties of imprisonment for longer than one year shall necessarily lead to deprivation of rank or grade. Second: Deprivation of rank or grade shall be applicable to those facing sentences of imprisonment for less than one year. ARTICLE XXI: First: Needless to be stated in the verdict, facing deprivation of rank or grade would necessarily lead to shifting to one lower rank/grade in addition to deprivation of all rights enjoyed for obtaining such rank or degree. Second: The convicted person shall maintain his retirement privileges of retirement salary and compensation prescribed by law, in addition to compensation for regular vacations for the lower rank. ARTICLE XXII: First: Any military person convicted by a non-military court for offences disturbing national or international state security, or relating to terrorism or sodomy or rape, in addition to imprisonment for longer than (5) five years in relation to other offences committed after enforcement of this law, provided that the verdict is final, shall be deemed as discharged from the army. 7

8 Second: Upon Military person s conviction by a non-military court involving a penalty that necessitates, or allows for, implementation of one of the Consequential Penalties stated in section (Second) of Article X hereinabove, the military person shall be transferred to a military court for issue of verdict of this penalty, by law. ARTICLE XXIII: Where the original offence necessitates, or allows for, implementation of one of the Consequential Penalties stated herein, they shall be also applicable in cases of attempt. ARTICLE XXIV: First: where the order issued for execution of a military duty deemed to constitute a crime, penal responsibilities relating to this offence shall be borne by the Commander. Second: The lower rank shall be deemed to be partner in committing offence if he: - Exceeded the limitations of the order issued to him; - Knew that the order he received entails committing military or civil offence. ARTICLE XXV: A criminal shall be deemed as second offender if he committed a military offence, similar to the one he committed earlier, provided that the former and latter verdicts are issued by a military court. Disciplinary breaches shall not count as grounds for iteration. ARTICLE XXVI: Criminal Courts shall be authorized to execute/terminate penalties in the following cases: First: Where a military person is convicted with freedomrestricting penalty for committing a military crime, provided that this military person was previously convicted by civil court and granted stay of execution, the military court shall order the execution of both penalties, consecutively, where the latter offence was of the same type of the former and he was issued a sentence; Second: Where the military person is convicted with freedomrestricting penalty for committing a military crime and granted stay of execution, then committed another offence afterwards, both penalties are applied, consecutively; 8

9 Third: Where a military person, who was formerly convicted by a civil court, commits a offence, the military court may grant stay of execution, with the exception of circumstances stated in section (Second) of Article XXII herein. ARTICLE XXVII: Verdicts issued by military courts shall not prevent stay of execution of decisions issued by civil courts. ARTICLE XXVIII: He shall be executed, whosoever: CHAPTER III NATIONAL SECURITY CRIMES 9

10 1. Seeks to isolate a part of Iraq from government control or placement of part or whole of Iraq under the control of a foreign country; 2. - Gives or hands a commander or another person to the enemy or adopted means for forcing or seducing them, provided that such acts violate requirements of military situations; base, site, station, garrison, or Guard; - Delivers or causes to deliver military laboratories for munitions and warfare equipments, factories, supplies warehouses, means of communications and transportation; - Burns or strikes army airports or aircrafts or deliberately causes them to become out of order; - Deliberately harms the state and benefits the enemy by means of destroying bridges, dams, railway or public roads; - Causes of facilitates enemy seizure of part of the military forces; 3. Obtains or copies military items, documents or information meant to be confidential in order to maintain state security or interests and delivers the same, directly or through a mediator, to a foreign state at time of peace or war; 4. is a Commander of a military site and delivers it to the enemy prior to depletion of all means of defense or is negligent in using the said resources; 5. Is a Commander of Divisions in isolated location and negotiates with the enemy to surrender the military divisions under his command and their arms without performing the duties of his position; 6. Is a commander and caused the surrender of river or sea or air force under his command, or delivery of its crew without performing duties of his post. ARTICLE XXIX: Death penalty shall not be applied to whosoever commits any of the following crimes, during mobilization, with intent to assist the enemy or cause harm to the army or any forces of allied countries, or leads to deliberate murder or death of one or more military persons or civilians: First: Instigation, those who can carry arms of Iraqis or members of forces under countries allied with the Iraqi government, to take the enemy side; 10

11 Second: Propagating the spirit of mutiny amongst Iraqi military forces or forces of an allied state in order to stir armed uprising against the constitution-based government; Third: Disclosure of secrets, countersigns, special signals, alerts or instructions of guards, patrolmen, patrol stations and wireless codes; Fourth: Distortion of information or service-related directions or negligence of the same at confrontations with the enemy; Fifth: Guiding the enemy to Iraqi government forces or forces in alliance with Iraqi government or deliberately misleading the latter authorities to the wrong road; Sixth: Causing panic within an Iraqi force or making it execute erroneous movements or actions via use of military sign, etc, or instigating to flee or hinder gathering of scattered soldiers; Seventh: Communicating with, or causing to communicate with, persons under enemy forces or residing in enemy states with the aim disclosure of conditions relating to management of war, whether in writing, verbally or via any other means of communication; Eighth: Negligence of carrying out part or all of his duty or alternation in an order by himself or instructing armed forces personnel, under his command, to suspend government orders; Ninth: Announcement or distribution of enemy bulletins or statements among army forces maliciously; Tenth: Negligence of subsistence of the division under his charge; Eleventh: Release of prisoners of war or causing them to escape; Twelfth: Informing the enemy of the set of signs used at war or briefing them of the same; Thirteen: Vandalizing or destroying combat gear of military aircrafts or vessels, or their engines, or equipments, or destroying or reducing their combat capabilities or causing the same in a manner that weakens the capabilities of security authorities in maintaining safety and security for citizens and their properties, as well as state borders; 11

12 Fourteen: Deliberate execution of an action that would jeopardize security and safety of means of communication through enabling the enemy to tap communications relating to movements or warfare or acquisition of the communication equipment or the wireless network. ARTICLE XXX: Imprisonment not exceeding (10) ten years shall be applied to whomsoever: First: Is a citizen of the Republic of Iraq employed in a foreign country prior to declaration of war against it and continued his work or re-entered the service of enemy country after declaring war; Second: Practices fraud or embezzlement during delivery of military savings at time of war; Third: Neglects reporting crimes stated in Articles XXVIII & XXIX herein or refrains from reporting to competent authorities; Fourth: Is a foreign contractor with the Iraqi army and enters agreement with the enemy against Iraqi army; Fifth: Deliberately extends the duration of mobilization or neglects military duties to facilitate enemy operations or performs acts that cause harm to the army or allied states; forces. ARTICLE XXXI: Where the crime stated in section (14) of Article XXIX out of negligence without causing damage to the army, the imposed penalty shall be imprisonment of not less than (1) year and not exceeding (3) three years. ARTICLE XXXII: A partner shall be relieved from penalty if he informs his superior of his intent to commit crimes stated in Articles XXVIII, XXIX & XXX herein prior to attempt and in a manner that would prevent perpetration or facilitate arrest of other partners. 12

13 CHAPTER IV ABSENTEEISM & ABSENCE ARTICLE XXXIII: First: Whosoever, is absent without proper legal justification from his unit or place of duty or exceeds the duration of his leave at time of peace for more than (15) fifteen days for lower ranks and (10) ten days for officers, shall be punishable with imprisonment not exceeding (3) three years; Second: Whosoever, fails to attend or exceeds the provisions of section (First) above during termination of demobilization at time of peace, is punishable with imprisonment not exceeding (4) four) years; Third: Whosoever, absents himself without proper permission, or fails to attend the parade field or meeting location assigned by the Commander, or departs from the same without permission or left class without cause, or was in camp or garrison, or another location and found outside the set borders or in a location that prevents him from abiding by the orders of military zone or garrison or other orders that entail not to be present in them without order or permission by his Commander, is punishable with imprisonment not exceeding (30) thirty days CHAPTER V DESERTION ARTICLE XXXIV: Whosoever deliberately does not report absentees, deserters or unregistered remains or those used in official or private works with 13

14 his knowledge, is punishable with imprisonment not exceeding (1) one year. ARTICLE XXXV: First: Whosoever escapes to join the enemy is punishable with death sentence Second: Whosoever escapes to take enemy side during confirmations or during escape from a site under siege, is punishable with imprisonment of 2-7 years, Third: Whosoever escapes within the proximity of Iraq is punishable with imprisonment not exceeding (3) three years. Whosoever instigates or facilitates escape is punishable with imprisonment not exceeding (1) year Fourth: Whosoever escape, in coordination with more than two persons, to a foreign country, the instigator or facilitator of the escape crime is punishable with imprisonment not exceeding (7) seven years, or life sentence if instigation or facilitation takes place during time of mobilization. Fifth: Penalty of (5) year imprisonment shall be imposed on any: A. Military person escaping abroad during his military service; B. Person participating with, instigating or luring the committer to perpetrate the crime stated in item (A) of this section or assisting, harbouring or hiding the perpetrator, with intent to facilitate his escape, and is well aware of his entity and intent; C. Whosoever is proven to take part in a criminal agreement intending to commit any offences stated in items A & B of this section, or worked on pushing or encouraging others to perpetrate such offences in any form, whether this criminal agreement had any consequences or not; D. Military person residing abroad if perpetrated escape while abroad; E. Whosoever does not immediately report to the closest military base or unit after he was a prisoner of war who and is then released; F. Whosoever deserts an aircraft or vessel beyond Iraqi borders and does not, out of negligence, report to the nearest Iraqi consulate or reference in allied state. G. Military person caught in flagante delicto in relation to attempt of crime abroad, is punishable with imprisonment not exceeding (2) two years; H. Whomsoever is knowledgeable of perpetration of a crime stated in items A, B, C, D and E of Article XXX herein and 14

15 I. Pursuant to Article XXX herein, upon arrest or surrender of deserter or truant military person, imposed penalty of imprisonment or confinement may be postponed until after completion of required military service; ARTICLE XXXVI: First: Army deserter, who surrenders himself repentantly, is deemed as Extenuating Circumstance Second: In time of mobilization, perpetration of crimes stated in sections First & Second of Article XXXIII herein shall is deemed as Aggravating Circumstance. ARTICLE XXXVII: Whosoever delivers forged documents of termination of military service in time of mobilization is punishable with imprisonment. CHAPTER VI DESERTION VIA FAKE ILLNESS OR INJURY MALINGERERS ARTICLE XXXVIII: First: Maximum of (3) three years of imprisonment shall be applied to whosoever: A. in an effort to avoid duty, deliberately and wilfully fake illness or cause self-inflicted illness or injuries B. Deliberately cause, by himself or through others, the malfunctioning of a limb, etc, in order to become invalid for military service Second: Imprisonment not exceeding (6) six months shall be imposed on any military person who deliberately causes hindrance of self healing or executed actions that aggravate his illness or deficiency or disability, with intent to evade any type of military duties; Third: Life imprisonment shall be applied where such acts take place at time of confrontation with enemy; Fourth: Imprisonment not exceeding (2) years shall be imposed on any military person who: 1. uses any means of fraud to desert part or whole of military service; 2. Resorts, with full knowledge, to fraud, for the interest of others, for purposes stated in section First herein; 15

16 CHAPTER VII DISRUPTING MILITARY SYSTEM ARTICLE XXXIX: Whosoever lies about matters relating to his military duties is punishable with either barrack locking or imprisonment not exceeding (3) three months. ARTICLE XL (40): Whosoever files a false complaint, with knowledge of its falseness, or deliberately executed the same against established rules for submitting complaints, is punishable with imprisonment not exceeding (3) three months. ARTICLE XLI (41): First: Whosoever does not adhere to military protocols of respect towards his Commander or higher ranks during performance of military duty, or does not receive Commander s reprimand/admonition by due respect or objects to Commander s words, is punishable with barrack locking; Second: Imprisonment not exceeding (3) three years shall be applicable if such offence occurs during performance of military duties; Third: Imprisonment shall be applicable where the offence specifies a definite incident; Fourth: Imprisonment is applicable where offence comprises distribution of flier, drawing, photograph or other means of publications. ARTICLE XLII (42): First: Whosoever does not obey an order relating to his duties out of negligence or not obeying orders in terms of established rules or changing the same of exceeding limitations, is punishable with imprisonment not exceeding (3) three months. In case of repetition 16

17 of the same offence, penalty shall be imprisonment not exceeding (6) six months. Second: Whosoever deliberately abstains from obeying orders relating to performance of his duties, or abstains from obeying orders verbally or in action or insists to disobey despite repetition of the same order to him, is punishable with imprisonment not exceeding (4) four years. Third: In case of occurrence of offences stated in sections First and Second of this article at time of mobilization, imprisonment shall be applicable. Where offence occurs during time of enemy confrontation, imprisonment for (10) years may be applied. Fourth: Imprisonment is applicable where offences stated in sections First, Second and Third of this article occur during a gathering of staff or at issue of order to arms or when the military person is armed, with intent to evade part or all of his military duties. Where offence occurs in state of confrontation with enemy, penalty shall be imprisonment not exceeding (15) fifteen years. Fifth: Where lack of obedience causes gross damage to assets or represents life hazard or security disturbance or disruption of army preparations for war or completion of training, imprisonment shall be applicable. Life imprisonment is applicable where the offence occurs in time of confrontation with enemy. ARTICLE XLIII (43): First: Whosoever obstructs his Commander, or person of higher rank, using force or threat, from execution of an order relating to his duties is punishable with imprisonment not exceeding (10) ten years. The same penalty is applicable where obstruction is exercised against soldiers assigned or prepared for Commander s protection. Second: Whosoever assaults a higher-ranked officer is punishable with imprisonment not exceeding 910) ten years. Where assault occurs while higher-ranked officer is on duty, during gathering of staff, using a lethal weapon or instrument, imprisonment for not less than (10) ten years shall be applicable. Third: Where the assault occurs at time of mobilization, imprisonment not exceeding (15) fifteen years shall be applicable. Death sentence is applicable where the assault led to death of the higher-ranked officer. 17

18 Fourth: where assault results in a permanent disability to the higher-ranked officer s body, temporary imprisonment shall be applicable. ARTICLE XLIV (44): First: where offence stated in sections First, Second and Third of Article (XLII) herein due to lower-ranked officer s provocation by higher-ranked officer s committal of an act of breach of military system or rules, or as a result of exceeding the limitations of his powers, penalty shall be set at half of designated term. However, where designated penalty is death sentence, it shall be altered to life imprisonment, provided that court explains, in the grounds for its decision, the justification or circumstances necessitating extenuation. Second: The higher-ranked officer shall be subject to imprisonment not exceeding (3) three years, if he exercised provocation. ARTICLE XLV (45): First: Whosoever assembles military persons, with intent to submit complaints or demonstrate findings or discuss matters relating to military institutions or formations without authorization or vested powers, is punishable with imprisonment not exceeding (3) three years. Second: Whosoever instigates a group of military persons; more than two, to disobey orders of the higher-ranked, resist or assault him and the offence was in the phase of planning or attempt and did not occur, is punishable with imprisonment not exceeding (10) ten years. Third: An instigator shall be subject to penalty of imprisonment not exceeding (15) fifteen years, provided that such instigation results in severe damage to military services. Fourth: Whosoever instigates to disobedience at time of mobilization is punishable with life imprisonment. ARTICLE XLVI (46): First: Whosoever verbally instigates to desertion is punishable with imprisonment not exceeding (3) three years. Second: Where instigation in time of mobilization is by means of messages, pictures, drawings or any other publication forms, penalty shall be imprisonment not exceeding (5) five years. ARTICLE XLVII (47): 18

19 First: Any member of a group consisting of two or more military persons, who agree on disobeying, resisting or assaulting the Commander shall be subject to imprisonment not exceeding (5) five years. Second: Whosoever is knowledgeable, in any manner, of occurrence of offence stated in section First hereinabove, and did not report the same at a time that allows for prevention of occurrence of such act, and that offence actually occurs, is punishable with imprisonment not exceeding (3) three years. Third: No penalties shall be applied to whosoever agrees with a group to commit the offence stated in section First hereinabove and they were exposed prior to occurrence of offence prior to knowledge of the same. ARTICLE XLVIII (48): Gathering of two or more military persons in public, vociferously or roisterly in an attempt to show disobedience of orders of the higherranked, or attempting to actually resist or assault him jointly, is deemed to entail military rebellion. ARTICLE XLIX (49): First: Whosoever participates in the rebellion at time of mobilization is punishable with imprisonment not exceeding (10) ten years. Second: instigator to rebellion is punishable with imprisonment for (15) years. Third: Whosoever participates in military rebellion, at time of confrontation with the enemy, is punishable with life imprisonment. Fourth: Whosoever participates in disobedience of Commander or military rebellion as instigator or plotter and repents prior to execution of effective action against Commander or the higherranked military person is punishable with imprisonment. The penalty shall be imprisonment not exceeding two years for other persons related to the same. Fifth: Instigator penalty shall be applied to committal of offences of rebellion or corruption by whosoever: A. Expresses verbal rebellion against orders of higher-ranked military person or insists on disobedience; B. Facilitates occurrence of disobedience by means of abuse of countersign use or giving another 19

20 ARTICLE L(50): Whosoever insults a guard or patrolman or patrol or disobeys their orders, resists or assaults them is punishable with one of the penalties stated in Article (XLIII). ARTICLE LI (51): Penalties, stated in Article XLIII (43) of this law, to the lowerranked military person, in offences committed against the higherranked, are applied, provided that the lower-ranked is aware of the rank of the higher-ranked or his superiority, or evidence on the same exists. 20

21 CHAPTER VIII EXCEEDING POST LIMITATIONS ABUSE OF POWER ARTICLE LII (52): First: a) Whosoever abuses the powers of his post, status or rank in issuing orders to commit a crime is punishable with imprisonment; b) Commander is deemed to be a Principal Actor if the crime is committed or attempted. Second: Whosoever is high-ranked and abuses powers of his post by means of issue of order or request to the lower rank unrelated to the post or requested a gift or loan from a lower-ranked military person, is punishable with minimum imprisonment of (2) two years. Third: Whosoever deliberately and unrightfully imposes penalties or surpasses his legal capacity is punishable with imprisonment not exceeding (2) two years. Fourth: Whosoever discards the complaint of lower-ranked military person or threatens the complainer to withdraw his complaint is punishable with imprisonment not exceeding (6) six months. ARTICLE LIII (53): Whosoever misuses his powers to influence military courts is punishable with imprisonment for a minimum period of (2) two years. ARTICLE LIV (54): Whosoever transfers a military person to a location other than his designated unit, institution or post, without satisfactory reasons, is punishable with imprisonment not exceeding (6) six months. In time of mobilization, the penalty shall be imprisonment for a period not exceeding three years. ARTICLE LV (55): Whosoever utilizes a military person in private services, contrary to established army rules and regulations, is punishable with imprisonment not exceeding (6) six months. ARTICLE LVI (56): Upon request by a competent reference, whosoever neglects or refuses to assist in legal arrest of a suspect in a crime punishable by a civil court shall be subject to imprisonment not exceeding (3) three years. 21

22 ARTICLE LVII (57): Whosoever misuses his powers, in cases other than those stated in Articles 52, 53, 54 & 55 herein, is punishable with imprisonment not exceeding (1) one year. ARTICLE LVIII (58): First: Whosoever curses, insults or maltreats a military person of lower rank; contrary to military rules and regulations, is punishable with imprisonment not exceeding three years, provided that the said acts are committed upon verified and specific incidents. Second: Whosoever assaults or inflicts any grievous bodily harm to a lower-ranked military person, or executes an act that harms his health, or doubled his duties, with no lawful justification, aiming to torture him, or allows others to assault him, is punishable with imprisonment not exceeding (2) two years. ARTICLE LIX (59): First: Any act, not leading to death, committed by higher-ranked military person for the purpose of staving off the actual lowerranked person s assault or to enforce him to obey orders, in cases of extreme necessity or danger, does not represent a offence. Second: Use of weapons for lawful self-defence or to retrieve deserters in authentic movement areas, or to terminate looting and vandalism, does not represent a offence; provided that no other alternative efficient means is available. Third: The higher-ranked military person s criticism of the lowerranked person, or pointing out to his errors relating to service, does not represent an insult. ARTICLE LX (60): First: Upon committal of any of the offences stated in Articles (52, 53, 54, 55, 56, 57 and 58) herein, a guard, patrolman or patrol is punishable with the stipulated penalties thereto. Second: For purposes of provisions of section (First) of this article hereinabove, a guard or patrolman shall be deemed as Commander during execution of military duties. 22

23 CHAPTER IX OFFENCES AGAINST ASSETS/BELONGINGS OR CAUSING DEATH DURING MOBILIZATION ARTICLE LXI (61): First: Whosoever utilizes the horror of war or misuses military power for unlawful or coercive seizure of other persons possessions, or unauthorized collection of monies or funds or exceeding limitations of all warfare expenditure for his personal benefit, is punishable with imprisonment for a minimum period of (10) ten years. Second: Whosoever, without military necessity, destroys or vandalizes movable or immovable assets or cuts trees or destroys agricultural crops, or ordered the same to be executed, is punishable with imprisonment. Third: (A) Whosoever distances his military unit, or during mobilization, for the aim of acquiring public or private monies, or assumes power over some funds without authorization, is punishable with imprisonment not exceeding (1) one year. (B) The same penalty stated in subsection (A) above shall be applicable to whosoever fails to deliver legally obtained monies, which he is assigned to deliver. Fourth: In cases stated in section (Third) hereinabove, the aggrieved person is entitled to file compensation claim before 23

24 civilian courts against the perpetrator or Commander, who ordered the same. Fifth: Penalty of imprisonment not exceeding (15) fifteen years is applicable, provided that the acts stated in sections (First & Third) hereinabove are accompanied with the use of force. Sixth: Penalty of imprisonment for (15) fifteen years is applicable, provided that the use of power results in permanent disability for the victim. Seventh: Death penalty is applicable, provided that the use of force results in the death of the victim. Eighth: Whosoever performs or instigates looting, or heads a group carrying out looting, is punishable with life sentence, while other partners are punishable with imprisonment not exceeding (10) ten years. Ninth: Whosoever participates in the looting stated in section Eighth hereinabove is punishable with imprisonment not exceeding (10) ten years, provided that he does not perform an effectual act during committal of offence. Tenth: Whosoever, with the intent of unlawful possession, seizes monies or possessions of persons murdered on battle field or the wounded while marching or in hospitals or during transport, or confiscates monies from prisoners of war in his custody, is punishable with imprisonment for (15) fifteen years. Eleventh: Whosoever vandalizes or loots, or instigates vandalizing or looting of the health facilities under the Red Crescent or Red Cross societies, is punishable with the penalty stated in section Tenth hereinabove. Twelfth: Whosoever deserts or harms a wounded person, whom he is entrusted to deliver to a defined location, is punishable with imprisonment for a minimum period of (2) two years. Thirteenth: Whosoever harms or re-injures an injured person, with intent to seize his possessions, is punishable with life imprisonment. 24

25 CHAPTER X OTHER OFFENCES AGAINST ASSETS/BELONGINGS ARTICLE LXII (62): First: Whosoever knowingly and deliberately deserts, destroys or damages any substance relating to military service, or uses the same for his personal interest, is punishable with imprisonment for (5) five years. Second: Whosoever, out of negligence, loses, destroys, or damages any substance relating to military service, is punishable with imprisonment not exceeding (3) three years. Third: Decisions are issued to retrieve the materials stated in sections First & Second hereinabove, if they exist. Where such materials do not exist, or wholly/partially consumed, the decision is compensation equivalent to: a) Their value or the value of generated damages; b) Threefold of their value where the materials constitute whole weapons or munitions or spare materials for vehicles. Twofold the value of generated damages in the cases stated in section Second hereinabove. Fivefold the value of generated damages in cases stated in section First hereinabove. Fourth: Where the materials, whose value or damage is compensated, are weapons, ammunition or related parts, or any other materials related to military service materials and prohibited to be circulated outside the military, they shall be returned to the competent military authority. ARTICLE LXIII (63): First: Whosoever embezzles or steals any materials, possessions or monies that belong to the military, And, whosoever sells, purchases, mortgages, holds as security, conceals, possesses in bad faith, or carries out any illegal disposition of any of the said materials, with full knowledge that they belong to the military, is punishable with imprisonment not exceeding (15) fifteen years, provided that such offence takes place in time of mobilization, actual movements, or war. Second: Where the materials, subject of the offences stated in section First hereinabove, constitute weapons, ammunitions or related spare parts, the perpetrator shall be punishable with imprisonment not exceeding (15) fifteen years. However, where such offences occur in time of mobilization, actual movements, or war, penalty shall be life imprisonment. 25

26 Third: Decisions are issued for retrieval of materials stated in sections First & Second hereinabove, if they exist. Nevertheless, where such materials do not exist, or are wholly or partly consumed; decisions shall be issued for compensation equivalent to fivefold of their estimated value or fivefold of the value of damages. Fourth: Where the materials, whose value or damage is compensated, are weapons, ammunition or related parts, or any other materials related to military service materials and prohibited to be circulated outside the military, they shall be returned to the competent military authority. ARTICLE LXIV (64): Penalty of imprisonment not exceeding (3) three years is applicable to whosoever: First: Connives to set a low rent for a leased real estate of asset; Second: Adds a certain sum to a specific price for sale of supplies or commodities to a military unit, camp, site, barrack, or a location under his authority, or being the chief or commander of the same, or receives payment from such acts, or gains benefits in connection with sale or purchase of military supplies or reserves. ARTICLE LXV (65): First: Whosoever, in bad faith, destroys, tears or burns military books, records, maps, blueprints, documents, instruments, or stamps, or caused the same to occur or deliberately caused their loss, is punishable with imprisonment not exceeding (10) ten years. Second: Where acts stated in section First hereinabove are committed for fear that such papers or seals fall into enemy hands and it is likely that the enemy would benefit from them; they do not constitute an offence. 26

27 CHAPTER XI OFFENCES RELATING TO SERVICE DISRUPTION ARTICLE LXVI (66): Whosoever drafts or submits a report, statement or other official papers, contrary to the truth, in relation to service or the post, And, whosoever mediates to submit the same to higher-ranked military persons, with full knowledge they are against the truth, is punishable with imprisonment. ARTICLE LXVII (67): First: Whosoever is a Commander of a military station, platoon or unit in charge of executing a special task, And, whosoever is a guard, whose negligence or deliberate act to make himself unable to perform his duties, or abandons his guard point or executes acts conflicting with received directions or orders, would lead to likely damage, is punishable with imprisonment not exceeding (3) three years. Second: Where the offence stated in section First above is committed during mobilization, the applicable penalty shall be imprisonment. Nevertheless, in time of confrontation with the enemy, the applicable penalty shall be execution. Third: Whosoever is a Commander of a military station, platoon or unit in charge of the execution of a special task, And, whosoever is a guard, ho connives the committal of an offence that he is capable, or in charge of preventing, is punishable with the 27

28 penalty stated in sections First and Second of Article (67) herein. ARTICLE LXVIII (68): First: Whosoever subjects military vessels, aircrafts, munitions or equipments to dangers of siege or seizure, due to his negligence in performance of his job or duties, is punishable with imprisonment not exceeding (3) three years. ARTICLE LXIX (69): Whosoever causes delay of military courts functions or proceedings, without satisfactory reasons, is punishable with imprisonment not exceeding (3) three years. ARTICLE LXX (70): First: Whosoever swindles or transforms military supplies and ammunitions, or caused the same, And, whosoever, knowingly and deliberately, distributes swindled or transformed military supplies, is punishable with imprisonment not exceeding (4) four years. Second: Whosoever distributes, or causes the distribution, of expired supplies, is punishable with imprisonment not exceeding (4) four years. ARTICLE LXXI (71): First: Whosoever receives, or causes receipt of, foods, garments, equipments or other military items or buildings contrary to terms and conditions of the agreement, contract or form, is punishable with imprisonment not exceeding (7) seven years. Penalty is doubled where delivery is in connection with arms, ammunitions, animals, or other military items. ARTICLE LXXII (72): First: Whosoever volunteers in the army and does not report previous volunteering activities or his being a former army member, or volunteers while lacking volunteer conditions and conceals grounds for denial of volunteer admission, is punishable with imprisonment not exceeding (1) one year. Second: Whosoever is discharged or expelled from the army, then volunteers by means of misleading volunteer or army department through failure to report grounds for his discharge or expulsion, is punishable with imprisonment not exceeding (2) two years. Third: Whosoever commits offences stated in sections First & Second hereinabove is punishable with discharge. ARTICLE LXXIII (73): 28

29 Whosoever is a higher-ranked military person, who neglects observation of the lower-ranked military person, fails to report offences committed by the lower-ranked, or knowingly and deliberately fails to take legal actions in relation to such offences, is punishable with imprisonment not exceeding (6) six months. ARTICLE LXXIV (74): First: Whosoever is found to be attending a political meeting or a member of a political organization, participates in a demonstration, or directs other toward the same, or distributes political literature, or delivers a political speech, is punishable with imprisonment for (5) five years. Second: Whosoever, without permission, becomes a member of a charitable organization is punishable with imprisonment not exceeding (30) thirty days. CHAPTER XII OFFENCES AGAINST MILITARY HONOR ARTICLE LXXV (75): First: Penalty of imprisonment for minimum period of (3) three months shall be applicable to whosoever: a) is found in a state of intoxication; b) enters brothels, gambling clubs or places deemed as offensive to military honour; 29

30 c) Accompanies persons known for their bad character and reputation, while, deliberately and knowingly, being dressed in military uniform. Second: Whosoever is a military person and participates in gambling, is punishable with imprisonment for a minimum period of (3) three months. The penalty shall be imprisonment for a minimum period of (6) six months in case of recurrence of the same. Third: Whosoever co-resides, in the same residence, with a prostitute and does not move out despite warning, is punishable with imprisonment not exceeding (6) six months. Fourth: Whosoever is convicted with any acts stated in this article (i.e. Article 75) is deemed to be discharged from the army. ARTICLE LXXVI (76): First: Whosoever practised sodomy with a military person, with his consent, whether the act was executed or attempted, is punishable with imprisonment for a minimum period of (3) three years. Second: The same penalty stated in section First hereinabove shall be applicable to the sodomee or female receptive partner in intercourse. No other penalties shall be applicable if the sodomee is an officer. Third: Perpetrator s penalty shall be applicable to whosoever is a mediator in this act (i.e. sodomy), or knows of the same and does not report it to his Commander. Fourth: Whosoever executes sodomy with a military person, by force and without consent, is punishable with life or temporary imprisonment. ARTICLE LXXVII (77): Whosoever commits an honor crime; e.g. forgery, embezzlement, stealing, breach of trust, fraud, false testimony, false oath, bribery, sodomy or sexual intercourse, whether he is a perpetrator, recipient or mediator, is punishable with deprivation of all cadet rights and admission to military schools. 30

31 CHAPTER XIII DISCIPLINARY PENALTIES ARTICLE LXXVIII (78): Whosoever is proven to commit an act, negligence, or slackness disturbing military order with no designated penalties by law, is punishable with one of the disciplinary penalties stated in Articles LXXIX (79) and LXXX (80) herein. ARTICLE LXXIX (79): Disciplinary penalties applicable to officers are: a) Scolding; In Private or In Public: 1. Scolding in private: is carried out by means of sending confidential correspondence to the officer notifying him of the type of his offence, informing him that his acts are unsatisfactory and requesting correction of the same. 2. Scolding in Public: is carried out by means of sending correspondence to the officer notifying him of the type of his offence, informing him that his acts are unsatisfactory. The same is published in army orders. b) Salary suspension not exceeding (14) months is applicable where damage/loss occurs as a result of performing the act(s) constituting the offence grounds. ARTICLE LXXX(80): Disciplinary penalties applicable to ranks below officers are: 31

32 a) Barrack Locking not exceeding (7) seven days; b) Additional duties, not exceeding (7) days; i.e. additional education or patrolling c) Salary suspension not exceeding (14) days, where damage/loss occurs as a result of performing the act(s) constituting the offence grounds. d) Deprivation of weekly leave; i.e. depriving the convicted from leaving barrack, military school or military institution on Fridays and official holidays for a period not exceeding (30) thirty days. 32

33 CHAPTER XIII GENERAL & CONCLUDING PENALTIES ARTICLE LXXXI (81): Provisions of the Penalty Code no. 11 of 1969 and Anti-Terrorism Law no. 13 of 2005 and all other penal laws shall be applicable in cases not stated herein. ARTICLE LXXXII (82): First: Military Penal Code no. 13 of 1940 is cancelled. Second: Code of Military Discipline issued by order no. 23 of 2003 by the dissolved Coalition Provisional Authority is cancelled. Third: Law of The regulation of army, police, security, naturalization, borders, traffic and national intelligence deserters no. 129 of 1975 and the law of Fugitives Abroad no. 28 of 1972 are cancelled. ARTICLE LXXXIII (83): This Act shall take effect after (60) sixty days from the date of publication in the Official Gazette. Tarek Al-Hashemi Adel Abdul-Mahdi Jalal Talebani Vice President Vice President President of the Republic of Iraq REASONS NECESSITATING ISSUE OF THIS CODE Whereas, the Military Penal Code no. 13 of 1940 by the dissolved Coalition Provisional Authority; Whereas, a long period lapsed since legislation of this code, 33