Criminal
The Penal Code 1969, the anti-terrorism law, and a retained death penalty
The Penal Code No. 111 of 1969 remains the general criminal statute. The Anti-Terrorism Law No. 13 of 2005 is heavily used and carries capital punishment. Iraq executes a significant number of people each year.
Key rules
- Jurisdiction — Federal, with the Kurdistan Region applying the same penal code as amended regionally.
Governing law
- Penal Code No. 111 of 1969
- Code of Criminal Procedure No. 23 of 1971
- Anti-Terrorism Law No. 13 of 2005
In practice
The 1969 code is a conventional civil law penal statute of Egyptian lineage. The investigative judge, not the prosecutor, directs the investigation and decides whether to refer a case to trial. The 2005 anti-terrorism law defines terrorism broadly and has been the basis for mass prosecutions; UN and NGO reporting has raised the reliance on confessions and the brevity of trials. Kurdistan abolished some penalties applied federally and suspended executions in practice, so the same nominal offence can carry a materially different outcome depending on which authority prosecutes.