Decree No. 96

Date of Decree: 19 Safar 1415 A.H./28 July 1994

In accordance with the provisions of article 42, paragraph (a), of the Constitution, the Revolution Command Council has decreed as follows:

I. Offences punishable by the penalty of amputation of the hand or the foot shall be deemed to constitute felonies.

II. If a criminal court sentences a convicted person to amputation of the hand or the foot, it must send the case file to the headquarters of the Department of Public Prosecutions within 10 days from the date on which the sentence was passed. The Department of Public Prosecutions must examine the file and submit its comments and petitions in that connection to the Court of Cassation, for consideration, within 15 days.

III. The person sentenced to the penalty of amputation shall be placed in the custody of the Adult Reform Department until the procedures required for enforcement of the sentence have been completed.

IV. The penalty of amputation shall be carried out at a public hospital designated by the Ministry of Health at Baghdad or in any governorate and shall be witnessed by the Enforcement Board consisting of a judge, a member of the Department of Public Prosecutions and a representative of the Ministry of the Interior and of the Ministry of Labour and Social Affairs.

V. The public hospital at which the penalty of amputation is carried out shall make available the technical medical requisites needed to facilitate the enforcement of this penalty.

VI. In the case of a pregnant woman, enforcement of the penalty of amputation shall be deferred until four months after her delivery.

VII. This Decree shall enter into force from date of its publication in the Official Gazette until further notice.

Chairman of the Revolution Command Council