Display Map
Hide Map

Iraqi Penal Code No. 111 of 1969 (selected provisions related to women) – Part 3: Offences against the Person – Chapter 2: Offences affecting the freedom of an individual and the deprivation of such freedom – Section 1: Unlawful seizure, kidnapping and detention

Section 1: Unlawful seizure, kidnapping and detention

Paragraph 422

Any person who himself or through another kidnaps a person under the age of 18 without the use of force or deception is punishable by a term of imprisonment not exceeding 15 years if the victim is female or by a term of imprisonment not exceeding 10 years if the victim is male. If the kidnapping is carried out with the use of force or deception or there exists any aggravating circumstance described in Paragraph 421, the penalty will be imprisonment if the victim is female or a term of imprisonment not exceeding 15 years if the victim is male.

Paragraph 423 – Any person who himself or through another kidnaps a woman over the age of 18 with the use of force or deception is punishable by a term of imprisonment not exceeding 15 years. If the kidnapping is accompanied by any sexual intercourse with the victim or an attempt to have intercourse with her, the penalty will be death or life imprisonment.*

*Amended in accordance with Decision No 330 issued on 19/4/81 and published in Al-Waqai’ Al-’Iraqiya No 2824 on 6/4/81.

Paragraph 424

If the use of force described in Paragraph 422 and 423 or the torment described in Paragraph 421 results in the death of the victim, the penalty will be death or life imprisonment.

Paragraph 427-  If the offender mentioned in this Section then lawfully marries the victim, any action becomes void and any investigation or other procedure is discontinued and, if a sentence has already been passed in respect of such action, the sentence will be quashed. Legal proceedings will resume or the sentence will be reinstated according to the circumstances if the marriage ends in a divorce brought about by the husband without legal justification or in a divorce ordered by the court for wrongs committed by the husband or for his bad behaviour within 3 years following the cessation of the proceedings. The public prosecutor, the accused, the victim or any person who has an interest in the proceedings may, according to the circumstances, make application for the proceedings, investigation, procedures or execution of the sentence to be stopped or for their resumption or for the reinstatement of the sentence.

Tags: , , , ,