College of Law

Based on the directives of Professor Qusay Kamal Al-Din Al-Ahmadi, the respected President of the University of Mosul, on the necessity of openness and interaction with society and within the plans and programs of our college deanship represented by Dr. WissamNemat Ibrahim Al-Saadi, the respected Dean of the College, on the need to harness legal expertise to serve the community

Dr. Saddam KhazalYahya, the respected professor of Evidence Law and Civil Procedure Assistant, one of the employees of the Private Law Branch in our college, wrote a legal article entitled

The effect of stopping the execution of the penalty on the payment of equity of the suspended salaries to the employee, which included stopping the execution of the punishment

Sometimes it happens that the employee is arrested by an official authority with competence, and as a result, the administration decides to temporarily withdraw his hand from the job, and this is what is included in Article 16 of the State and Public Sector Employees Discipline Law 14 of 1991 amended

Withdrawing the hand will have a financial impact on the employee who has withdrawn the hand, which is to spend only half of his nominal salaries, and suspend the other equity from the salaries on the outcome of the trial

This is what Article 18 of the aforementioned law referred to … But what happens when the employee is tried for the criminal act for which he was convicted by the court, the court decides to sentence the employee to a custodial penalty, i.e. imprisonment, but instead of ordering its implementation and placing him in prison, it orders a stay of execution Punishment in return for his pledge not to commit any intentional crime during the three-year probation period, pursuant to Article 144 of the Iraqi Penal Code

Here an important question arises in this regard, which is: Did the suspension of the execution of the penalty affect the payment of the remaining half of the suspended salaries or those that were suspended on the outcome of the trial

To answer this, we say that paying half of the suspended salaries takes place in the event that a decision is issued against the employee accused of release or acquittal. But here no release or acquittal has been issued against him. Rather, this employee will be acquitted after the lapse of the three years included in his commitment..What is the solution for that? The State Shura Council and its Resolution No. His wages suspended before being sentenced, remain suspended and do not act beyond the end of the 3-year commitment period, because at that time he will be innocent of the charge. If we assume that this employee was retired before the end of the three years, then he should not act after that period has elapsed