Cassation Court refers 21 convicts to the Supreme Court and amends one sentence.
A quash of judgment does not result in release of the defendants as long as they were imprisoned when presented in the first trial, because a quash of judgment brings the case to the same condition when it emerged from the Public Prosecution. Whereas a verdict to quash a judgment does not result in or potentiality of giving preference to acquittal on the conviction in the case, but the court may return it after legal error correction, which occurred in the first judgment to adjudicate with the same previous penalty, mitigate, or innocence of the defendant. It retrieves full freedom to issue judgment without being bound by verdict of the First Degree as a new case that did not receive the judgment before. However, it is prohibited to adjudicate with severe punishment as long as the defendant was the appellant before the Court of Cassation.
Therefore, the Court reconsiders the proceedings from the beginning and listens to the witnesses and the prosecution and defense arguments of the defendants as if it was a trial for the first time, and adjudicates in the case upon its estimation.
In the case of re-trial and due to the previous guilty verdict from First Degree Court and the Court of Appeal, which means an agreement and persuasion of two departments' judges on conviction, it is likely to result in a resumption of the judiciary, usually, with reconviction due to the absence of any changes in the case or in its subject or evidence.
According to the law of its establishment, Supreme Court is specialized only to monitor and preserve legal uniformity .Its provided in the Supreme Court law that Cassation is a check on the quality of contested judgments given by the courts of appeal as regards both the application and Interpretation of law.
According to the above, the Supreme Court quashes a challenged judgment if it realizes an error in the proceedings or in the judgment itself in from the legal aspect. In that case, it returns the case to the court which issued the challenged judgment for re-judgment with another body, pursuant to Article 34 of the Law on the Supreme Court.
The court is not concerned with the subject of the case, the extent to which the defendant found guilty or not, or evaluate of the sentence as long as it is in the range of the prescribed penalty.
Noting that the case involving the 21 defendants sentenced 14 of them present, while 7 others were sentenced in absentia to their escape, as the initial sentence by the National Safety Court was to 8 defendants life imprisonment, 15 years in prison to 9 defendants, 5 years in prison to 2 defendants, and 2 years in prison to one defendant, the previous provisions were upheld by the Court of Appeal to the submitted appeals by the convicted to life imprisonment: Abdulwahab Hussain Ali Ahmad, Hassan Ali Hassan Mohammed Mushaima'a, Abduljalil Radhi Mansoor Maki, Abduljalil Abdullah Al Sankees, Saeed Mirza Ahmad (AlNori), Abdulhadi Abdullah Hbail Al Khawaja. Convicted with 15 years' imprisonment are: Abdullhadi Abdulla Mahdi Hassan, Abdullah Isa Al Mahroos, Mohammed Hassan Mohammed Jawad, Mohammed Ali Radhi Ismael. Adding the two convicts with 5 years in prison is Salah Abdullah Hbail Al Khawaja, and Ebrahim Sharif Abdulrahim Mosa, as well as AlHurr Yousif Mohammed Al Sumaikh whom sentence was amended today from 2 years to 6 months in prison.
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