6/federal/2021 on 2021-04-25 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it).
7/federal/2021 on 2021-04-25 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it).
8/federal/2021 on 2021-04-25 The Federal Supreme Court sees that the investigative judge’s actions and decisions are not invalid for being issued in violation of the provisions of Paragraph (alif) of Article (53) of the Criminal Procedure law No. (23) of 1971, as amended, based on the contents of Paragraph (C) of the same article, and that the passage of a long period since the investigation with the accused was conducted by the aforementioned investigative court and its reaching advanced stages makes it (the investigation court) the competent to conduct the investigation in place.
10/federal/2021 on 2021-04-25 The Federal Supreme Court sees that the investigative judge’s actions and decisions are not invalid for being issued in violation of the provisions of Paragraph (alif) of Article (53) of the Criminal Procedure law No. (23) of 1971, as amended, based on the contents of Paragraph (C) of the same article, and that the passage of a long period since the investigation with the accused was conducted by the aforementioned investigative court and its reaching advanced stages makes it (the investigation court) the competent to conduct the investigation in place.
11/federal/2021 on 2021-04-25 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it).
12/federal/2021 on 2021-04-25 A - The decision of the Erbil Investigation Court dated 11/1/2021, which includes returning the investigative papers to the Mosul/ left Investigation court to complete the investigation, is incorrect and contrary to the law. The judge of the Erbil Investigation Court, when he saw that he was not competent to investigate, had to reject the referral and submit the matter to the Federal Supreme Court to appoint the competent judge. (The same principle of decisions (13/Federal/2021), (14/Federal/2021) and (15/Federal/2021) issued on 4/25/2021 and (27/Federal/2021) on 2/5/2021. ) B - The decision issued by the Federal Supreme Court in the matter of determining the spatially jurisdiction to conduct the investigation, is final and binding on all authorities based on the provisions of Article (94) of the Constitution of the Republic of Iraq for the year 2005. C - The Federal Supreme Court applies the provisions of Article (35/alif) of the Criminal Procedure law No. (23) of 1971, as amended, in order to determine the court of investigation that is spatially competent to conduct the investigation, which stipulates that (the jurisdiction of the investigation is determined by the place where the whole crime occurred or part of it, or an act that forms part of it, or any act complementing it, or any result of it, or an act that is part of a committed, continuous or successive crime, or one of the crimes of habit, as determined by the place where the victim was found, or the money for which the crime was committed after its transfer was found. to it by the perpetrator or a person who is aware of it).
13/federal/2021 on 2021-04-25 The Federal Supreme Court sees that the investigative judge’s actions and decisions are not invalid for being issued in violation of the provisions of Paragraph (alif) of Article (53) of the Criminal Procedure law No. (23) of 1971, as amended, based on the contents of Paragraph (C) of the same article, and that the passage of a long period since the investigation with the accused was conducted by the aforementioned investigative court and its reaching advanced stages makes it (the investigation court) the competent to conduct the investigation in place.
