Criminal Cases in Iraq

Criminal proceedings are initiated by an oral or written complaint submitted to the investigating judge, the investigator, any officer at a police station or a member of the judicial police, by the injured party, the person legally acting on their behalf, or anyone who knows of the offence (Article 1). A written complaint includes a claim for civil damages unless the complainant states otherwise (Article 9).

For certain offences, proceedings may be initiated only on the victim's complaint. These include defamation, insult, disclosure of secrets, threats and assault (if not committed against a person in public service while performing their duties or because of them), and damage to property without aggravating circumstances, other than State property (Article 3). In these cases a complaint will not be accepted after three months from the day the victim learned of the offence or the force majeure ceased (Article 6). Other offences are not subject to this limit.

No one may be arrested or detained except by order of a judge or court, or in cases permitted by law (Article 92). For offences punishable by imprisonment of more than three years or by fixed-term or life imprisonment, detention may be ordered for no more than 15 days at a time. The total period of detention may not exceed one quarter of the maximum penalty, nor six months, except with the permission of the Felony Court and for a period not exceeding one quarter of the maximum penalty (Article 109).

For offences punishable by imprisonment of three years or less or by a fine, the judge releases the accused on an undertaking, with or without bail, unless the judge considers that release would harm the investigation or lead to the accused absconding (Article 110). For more serious offences, release on bail is at the judge's discretion (Article 109), except for offences punishable by death, where detention is mandatory. The amount of bail is set according to the circumstances of each case, in proportion to the type of offence and the situation of the accused (Article 114).

The investigating judge or investigator must question the accused within 24 hours of their appearance, after verifying their identity and informing them of the charge (Article 123). Before questioning, the accused must be informed of the right to remain silent without any inference being drawn against them, and of the right to appoint a lawyer; if the accused cannot do so, the court appoints a lawyer at no cost to the accused, and if the accused wishes to appoint a lawyer, questioning may not take place until this is done (Article 123, as amended). The accused may not be compelled to answer questions (Article 126), and no unlawful means may be used to obtain a confession (Article 127).

Reconciliation is accepted in cases where initiating proceedings depends on the victim's complaint (Article 194). If the offence is punishable by imprisonment of one year or less or by a fine, reconciliation is accepted without the judge's approval; if the penalty exceeds one year, the approval of the judge or court is required. Approval is also required for offences of threats, assault and damage to property even where the penalty does not exceed one year (Article 195). Reconciliation is accepted at all stages of investigation and trial until a decision is issued (Article 197), and its acceptance has the effect of a judgment of acquittal (Article 198).

Defamation is publicly attributing to another person a specific fact which, if true, would make them liable to punishment or contempt; it is punishable by imprisonment and a fine, or either of them (Article 433). Insult is attacking another person in a way that offends their honour or dignity or hurts their feelings, without attributing a specific fact (Article 434). Publication in newspapers, printed matter or other media is an aggravating circumstance in both cases.

The Penal Code addresses offences of threats, including threats to attribute or disclose matters damaging to honour when accompanied by a demand (Articles 430 to 432), and these provisions apply to threats made by electronic means. It is advisable to keep the messages and evidence and to file a complaint with the investigating judge or a police station. As of the date this page was reviewed, no specific law on information technology crimes has been enacted, and a draft law is still under consideration by the Council of Representatives.

General Amnesty Law No. 27 of 2016 has been amended, including by Law No. 2 of 2025 (the Second Amendment), published in the Official Gazette (Al-Waqa'i' Al-Iraqiya), Issue No. 4814, dated 17/2/2025. Whether it applies depends on the type of offence and the exceptions it contains, so each case must be examined individually.

The Public Prosecution, the accused, the complainant, the civil claimant and the party with civil liability may appeal in cassation against judgments and decisions issued in misdemeanour and felony cases if they are based on a breach of the law or an error in its application or interpretation, or if there was a material error in the procedures or in the assessment of evidence or of the penalty that affected the judgment (Article 249). The appeal petition must be filed within thirty days from the day after the judgment was pronounced, if it was rendered in the presence of the parties, or from the date on which a judgment in absentia is deemed to have been rendered in their presence (Article 252).