Legal Expert Counselor Salem Hawas confirmed that the current effective Criminal Procedure Code No. 23 of 1971, as amended, has stipulated in more than 12 legal articles the subject of the sponsor, his sponsorship, his exemption, his responsibility, the end of the sponsorship and its non-end, the necessity of bringing the sponsor and other provisions and images.
Hawass said in a statement, “These fundamental legal texts are the provisions of Articles 96, 114, 116, 117, 119, 120, 237, 297, 320, 328, 329, where the provisions of Article 96 stipulate: If a person who should have been issued a summons or an arrest warrant appears before the judge or investigator, the judge may ask him to write a pledge with or without a guarantor to appear before him at the required time. If he does not appear without a legitimate excuse, the judge may issue an arrest warrant for him.
Hawass explained, “Guarantors can request to be exempted from bail and released from detention, as stated in the provisions of Article 117 of the
fundamental law, on condition that their sponsored person is brought before the judge, which stipulates that the guarantor may request to be exempted from bail, provided that his sponsored person appears before the judge or is handed over to the police station. Then the judge issues a decision to cancel the bail and he may decide to detain the accused unless he provides another bail.
Hawass explained, ‘The provisions of Article 328 of the Code of Criminal Procedure stipulate that: The judge may order the person who submitted the pledge to provide a guarantor other than his own in the cases stipulated in Articles 116 and 117. If he refuses, he shall be detained in prison until the end of the pledge period or the required guarantor is provided. Therefore, the court that released the accused Nour Zuhair, and the government’s mistake as a complainant in not submitting a request to prevent him from traveling, was addressed and corrected by the criminal court specialized in combating corruption.’
Source: Nationa
l Iraqi News Agency