Legal provisions to drop the freedom-depriving penalty in the Iraqi Traffic Law No. (8) of 2019

Abstract

Abstract: The study aimed at clarifying the legal provisions for dropping the penalty and the special provisions that it entails, whether in its substantive or procedural aspect, as special texts were devoted to it within the framework of the Iraqi Traffic Law No. (8) of 2019, different from those texts that came in the Penal Code The amended Iraqi No. (111) of 1969, which reflected the pattern of modern trends in dealing with traffic accidents, In addition, the study aimed to clarify the specificity of traffic crimes in their procedural aspect, which embodied the specificity of criminal reconciliation in light of these incidents, and the special provisions involved in it, different from the provisions stated in the Iraqi Code of Criminal Procedure No. (23) of 1971, as amended, In addition, the study showed the limits of the judiciary’s discretion to drop the penalty by extrapolating and analyzing judicial rulings. The researcher reached a number of conclusions and recommendations, the most important of which was that the application of the provisions of dropping the penalty that deprives of freedom should not be limited to the deadly trampling crimes, but rather the necessity of including the provisions of Article (35) with that, and not limiting the application until the end of the investigation and trial and the issuance of the judgment, but rather the need to expand this system to include The stage of investigation and trial in order for the courts and the parties to the case not to work with lengthy procedures, and then the result is the ruling to drop the freedom-depriving penalty.