This is proposal of Informatics crimes act in Iraq in English Version مشروع قانون جرائم المعلوماتية في العراق باللغة الأنكليزية

1. In
the
name
of
the
people
The
Presidency
Council
Based
on
what
has
been
approved
by
the
Council
of
Representatives
and
ratified
by
the
Presidency
Council,
and
pursuant
to
the
first
clause
of
Article
(61)
and
the
third
clause
of
Article
(73)
of
the
constitution,
the
following
Act
has
been
passed:
Act
No.
(
)
for
the
year
2011
Information
Technology
Crimes
Chapter
One
Definitions
and
objectives
Article
(1):
The
following
expressions
shall
have
the
meanings
mentioned
towards
them,
for
the
purposes
of
this
Act:
First-­‐
The
computer:
Each
device
or
group
of
devices
connected
with
each
other
that
conduct
automated
processing
of
data.
Second-­‐
Automated
processing
of
data:
the
processes
and
functions
that
subject
to
computer’s
data
to
create,
send,
receive,
save,
and
supply
them
by
any
means.
Third-­‐
Computer
data:
Facts,
information,
concepts,
or
any
other
means
used
in
any
form
to
conduct
the
automated
processing
of
data
including
the
software
and
systems.
Fourth-­‐
Software:
Set
of
orders
that
make
the
system
able
to
perform
automated
processing
of
data.
Fifth-­‐
Authorities
to
provide
information
services:
Every
natural
or
judicial
person
providing
the
users
with
the
website
services
that
allow
the
computers
to
connect
to
each
other
or
to
any
other
person
who
processes
the
saved
data
on
behalf
of
the
service
provider.

2. Institute
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10
August
2011
Sixth-­‐
Access
data:
Codes
or
figures
for
logging
into
the
network,
devices,
computers,
or
any
similar
definition
data
sent
from
or
to
a
point
of
communication
including
the
date,
size
and
time
of
communication
and
any
information
that
identify
the
location
that
the
information
transferred
from
it
or
to
it
by
any
means
of
communications
including
cellular
communication.
Seventh-­‐
Subscription
data:
information
required
by
the
service
provider
and
are
necessary
to
identify
and
distinguish
the
physical
address
of
the
subscriber
or
the
user
or
to
identify
the
account
of
the
recipient
of
the
communication
service
from
the
service
provider
that
includes
any
information
relating
to
the
website,
devices,
individuals,
computers,
definition
data,
services,
fees,
real
place
of
the
devices
if
they
were
different
from
the
site
that
provides
access
data.
Eighth-­‐
Electronic
card:
Credit
cards,
payment
or
draw
cards,
or
any
other
card
issued
by
an
entity
licensed
by
law.
Ninth-­‐
Internet:
Set
of
computers
or
information
processing
systems
connected
with
each
other
to
obtain
the
data
and
information
and
exchange
them
such
as
the
private
networks,
public
networks,
and
global
networks
of
the
internet
and
the
like.
Tenth-­‐
Electronic
signature:
a
personal
sign
that
take
the
form
of
letters,
figures,
codes,
marks,
sounds
or
others
that
has
unique
character
indicates
its
belonging
to
the
website
and
to
be
approved
by
the
certifier.
Eleventh-­‐
Electronic
means:
the
technology
of
using
electrical,
magnetic,
optical,
electromagnetic,
or
any
similar
means
in
creating,
processing,
exchanging,
and
saving
the
information.
Twelfth-­‐
Information:
Date,
texts,
images,
shapes,
sounds,
codes,
database,
computer
software,
and
the
like
that
create,
save,
process,
or
send
by
electronic
means.
Thirteenth-­‐
E-­‐mail:
Letter
contains
information
to
be
created,
merged,
saved,
sent,
received
in
whole
or
in
part
by
electronic,
digital,
optical
or
any
other
similar
means.
2

3. Institute
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10
August
2011
Fourteenth-­‐
Information
processing
system:
the
electronic
system
used
to
create
messages
of
information,
and
to
send,
receive,
process,
or
save
them
in
any
other
means.
Fifteenth-­‐
Electronic
certificate:
The
certificate
issued
by
the
legally
licensed
entity
to
show
the
belonging
of
the
electronic
signature
to
a
specific
person
based
on
documented
procedures
approved
by
the
law.
Article
2-­‐
This
Act
aims
at
providing
legal
protection
for
the
legal
use
of
the
computer
hardware
and
the
internet,
and
punishes
the
natural
or
judicial
persons
who
violate
the
rights
of
the
users
of
these
devices
and
prevents
misusing
them
in
the
information
technology
crimes.
Chapter
two
Punishment
provisions
Article
3
First-­‐
The
penalty
shall
be
life
imprisonment
and
a
fine
of
not
less
than
(25000000)
twenty
five
million
ID
and
not
exceeding
(50
000000)
fifty
million
ID
for
anyone
who
uses
intentionally
the
computer
hardware
and
the
internet
with
the
intention
of
committing
one
of
the
following
acts:
A-­‐ Affect
the
independency
and
the
unity
of
the
country,
or
its
high
economic,
or
political,
or
military,
or
security
interests.
B-­‐
Participate,
negotiate,
promote,
make
contract,
or
deal
with
the
enemy
in
any
way
in
order
to
destabilize
the
security
and
public
order,
or
expose
the
country
to
dangers.
C-­‐
damage,
defect
or
hinder
devices,
computer
systems,
software,
or
the
information
network
that
belong
to
the
security,
military,
or
intelligence
agencies
with
the
intention
of
affecting
the
internal
or
external
security
of
the
country,
or
exposing
them
to
dangers.
Second-­‐
Any
person
uses
intentionally
the
computer
hardware
and
their
software
or
their
systems
or
the
information
network
of
the
security,
military,
or
intelligence
agencies
with
the
intention
of
harming
them
or
copying
from
3

4. Institute
for
International
Law
and
Human
Rights
10
August
2011
them
or
with
the
intention
of
sending
their
content
to
the
enemy
or
taking
advantage
of
them
to
execute
crimes
against
the
internal
or
external
security
of
the
country,
or
to
facilitate
hiding
the
traces
of
such
crimes
or
covering
them
shall
be
punished
by
the
penalty
stipulated
in
this
Article.
Article
4-­‐
The
penalty
shall
be
life
imprisonment
and
a
fine
of
not
less
than
(25000000)
twenty
five
million
ID
and
not
exceeding
(50
000000)
fifty
million
ID
for
anyone
who
sets
up
or
manage
a
website
on
the
information
network
with
the
intention
of
committing
one
of
the
following
acts:
-­‐
First-­‐
Execute
terrorist
operations
under
fictitious
names
or
facilitate
the
communication
with
the
leaders
and
members
of
the
terrorist
groups.
Second-­‐
Promote
terrorist
acts
and
their
ideas
or
publish
information
about
manufacturing,
preparing
and
using
the
incendiary
or
explosive
devices,
or
any
tools
or
other
materials
used
in
planning
or
executing
the
terrorist
acts.
Article
5-­‐
The
penalty
shall
be
life
imprisonment
and
a
fine
of
not
less
than
(30000000)
thirty
million
ID
and
not
exceeding
(40
000000)
forty
million
ID
for
whoever
commits
one
of
the
following
acts:
-­‐
First
-­‐
set
up
a
website
or
publish
information
on
the
information
network
for
the
purpose
of
conducting
or
facilitating
any
form
of
human
trafficking,
or
promoting
it,
helping
to
conduct
it,
making
contracts,
dealing,
or
negotiating
for
the
purpose
of
concluding
bargains
relating
to
any
form
of
human
trafficking.
Second
-­‐
set
up
a
website
or
publish
information
on
the
information
network
for
the
purpose
of
trading
in
narcotic
or
mind
altering
substances
and
the
like,
or
promoting
them,
using
them,
facilitate
dealing
with
them,
making
contracts,
dealing,
or
negotiating
for
the
purpose
of
concluding
bargains
relating
to
any
form
of
trading
in
them.
Article
6-­‐
The
penalty
shall
be
life
imprisonment
or
temporary
detention
and
a
fine
of
not
less
than
(25000000)
twenty
five
million
ID
and
not
exceeding
(50
000000)
fifty
million
ID
for
anyone
who
uses
the
4

5. Institute
for
International
Law
and
Human
Rights
10
August
2011
computer
and
the
information
network
for
the
purpose
of
committing
one
of
the
following
acts:
-­‐
First-­‐
Agitate
the
armed
rebellion
or
threaten
by
thereof
or
promote
it,
or
incite
sectarian
or
sectarian
trends,
incite
seditions,
disturb
security
and
public
order,
or
harm
the
reputation
of
the
country.
Second
-­‐
Damage,
disrupt,
impair,
hinder,
or
harm
intentionally
the
computer
systems
or
computer
hardware,
or
the
information
network
of
government
departments
with
the
intention
of
affecting
its
system
and
its
infrastructure.
Third-­‐
Publish
or
broadcast
false
or
shaded
facts
in
order
to
weaken
the
confidence
in
the
electronic
financial
system
or
the
electronic
commercial
and
financial
papers
and
the
like
or
damage
the
national
economy
and
the
financial
confidence
of
the
country.
Article
7-­‐
The
penalty
shall
be
temporary
detention
and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(30
000000)
thirty
million
ID
for
any
whoever
commits
one
of
the
following
acts:
-­‐
First
-­‐
Use
intentionally
the
computer
system
or
the
internet
belonging
to
people,
companies,
institutions,
banks,
or
financial
markets
and
appropriate
to
himself
the
property
of
other
people
or
their
financial
rights,
or
made
for
himself
or
for
another
financial
benefit
or
deprived
others
of
his
financial
rights
by
any
electronic
means.
Second-­‐
Use
the
computers
or
the
information
network
to
appropriate
to
himself
or
to
others
software,
information,
data,
or
codes
through
any
electronic
transaction,
electronic
contract,
electronic
cards,
movable
property,
deed,
or
signs
upon
deed
using
deception,
a
false
name,
or
impersonation
with
intent
to
defraud
the
victim.
Third-­‐
Tamper,
play
with,
alter,
change,
or
create
any
data,
statements
of
account,
or
software
related
to
stocks,
deeds,
and
prices
of
circulated
currency
in
Iraq,
or
any
data,
statements
of
account,
or
software
used
by
5

6. Institute
for
International
Law
and
Human
Rights
10
August
2011
bodies
inside
Iraq
in
the
activities
of
circulating
stocks,
deeds,
or
currencies
that
take
place
outside
of
Iraq
for
the
account
of
others.
Article
8-­‐
First-­‐
The
penalty
shall
be
temporary
detention
and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(15
000000)
fifteen
million
ID
for
whoever
commits
one
of
the
following
acts:
-­‐
A-­‐
Forge,
imitate,
or
create
by
himself
or
by
another
person
a
signature,
deed,
email,
approval
certificate,
or
a
license
to
practice
e-­‐signature
services
and
the
like,
or
intentionally
used
them
illegally.
B
-­‐
Forge,
imitate,
or
create
by
himself
or
by
another
person
in
any
form
an
electronic
card
or
smart
card
or
any
means
of
transferring
the
local
or
foreign
currency
inside
Iraq
or
using,
circulating,
or
dealing
with
it
while
he
knows
that
it
is
false.
C
-­‐
Use
or
try
to
use
fake
or
false
electronic
card
while
he
knows
that
it
is
false,
or
accept
to
pay
using
the
fake
or
false
credit
card
while
he
knows
that
it
is
false.
D
–
Create
intentionally
to
himself
or
to
other
person
any
false
electronic
data,
documents,
registers,
or
records,
or
make
any
change
or
alteration
in
any
electronic
deed,
or
use
any
of
them
before
any
public
or
private
body.
E
–
Make
for
the
purpose
of
sale,
distribution,
or
expose
any
software,
hardware,
data,
or
any
technical
means
to
be
used
in
forgery,
counterfeiting,
creating,
or
modification
with
the
intention
of
committing
a
felony
or
misdemeanor.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(10)
ten
years
and
a
fine
of
not
less
than
(20000000)
twenty
million
ID
and
not
exceeding
(30000000)
thirty
million
ID
if
the
acts
defined
in
Sub-­‐Article
(First)
of
this
Article:
A
–
Relate
to
the
rights
of
the
state,
the
public
sector,
or
the
private
entities
with
public
benefit.
B
-­‐
Commit
by
an
officer
or
by
a
person
in
charge
of
public
service
during
performing
his
job
or
because
of
it.
Article
9-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(10)
ten
years
and
a
fine
of
not
less
than
(5000000)
five
million
ID
and
not
exceeding
6

7. Institute
for
International
Law
and
Human
Rights
10
August
2011
(10000000)
ten
million
ID
for
whoever
abstracts
or
appropriates
intentionally
an
electronic
signature,
email,
deed,
electronic
records,
electronic
trade
and
financial
papers,
or
any
other
electronic
output
related
to
the
rights
or
properties
of
others
to
achieve
a
benefit
to
him
or
to
others,
and
the
punishment
shall
be
imprisonment
in
case
of
intentional
possession
in
order
to
be
exploited
to
bring
benefit
to
himself
or
to
others.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(10)
ten
years
and
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
whoever
entrusts
to
devices,
software,
data,
information
network,
electronic
cards,
or
any
other
electronic
outputs,
or
entrusted
by
public
authorities
to
maintain
them
as
a
guard
or
a
trustee,
and
after
that
he
appropriate
them
with
the
intention
of
possession
or
he
act
with
it
according
to
his
interest
or
others
interest,
or
bring
an
illegal
benefit
to
him
or
to
another
person.
Article
10-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(7)
seven
years
and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(30000000)
thirty
million
ID
for
whoever
creates,
manages,
promotes,
or
set
up
a
website
on
the
information
network
to
allow
or
facilitate
money
laundering
or
accept
illegal
financial
transactions
such
as
bank
drafts
and
fake
trading
operations,
or
move,
exchange,
use,
acquire,
or
possess
the
money
using
electronic
means
contrary
to
the
law
or
hide
its
sources
knowingly
it
is
derived
from
an
illegal
sources.
Article
11-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(7)
seven
years
and
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
anyone
who:
-­‐
A-­‐
Threaten
another
person,
by
using
the
computer
or
the
internet,
with
committing
a
felony
against
himself
or
his
property,
or
against
another
person
or
his
property
with
the
intention
of
intimidating
him,
or
driving
him
to
do
something
or
prevent
him
from
doing
something.
B
-­‐
Send
or
transmit
any
electronic
message,
news,
or
document
using
the
computers
or
the
information
network
knowingly
contains
threat
or
7

8. Institute
for
International
Law
and
Human
Rights
10
August
2011
blackmail
for
a
person
with
the
intention
of
intimidating
him,
or
driving
him
to
do
something
or
prevent
him
from
doing
something.
Second-­‐
The
penalty
shall
be
imprisonment
and
a
fine
of
not
less
than
(2000000)
two
million
ID
and
not
exceeding
(4000000)
four
million
ID
for
whoever
threatens
another
person
with
using
the
computers
and
the
information
network
in
other
cases
defined
in
Sub-­‐Article
(First)
of
this
Article.
Article
12-­‐
First-­‐
The
penalty
shall
be
imprisonment
and
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
whoever
creates,
publishes
or
provides
an
incorrect
electronic
certificate.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(3)
three
months
and
not
exceeding
(1)
one
year
or
a
fine
of
not
less
than
(30000000)
thirty
million
ID
and
not
exceeding
(50000000)
fifty
million
ID
for
whoever
practice
the
activity
of
electronic
ratification
and
issuing
certificate
contrary
to
the
law.
Article
13-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(3)
three
years
and
a
fine
of
not
less
than
(5000000)
five
million
ID
and
not
exceeding
(10000000)
ten
million
ID
or
of
both
penalties
for
anyone
who:
-­‐
A-­‐
Damage
or
hurt
an
electronic
signature,
means
or
mail.
B-­‐
Use
or
create
intentionally
an
electronic
signature,
means
or
mail
contrary
to
the
conditions
and
specifications
set
by
the
competent
authority.
C-­‐
know,
due
to
his
position,
the
data
of
the
electronic
signature,
electronic
means,
or
information
and
divulges
them
with
the
intention
of
harming
the
others
or
bringing
financial
benefit
to
himself
or
to
the
others
or
using
them
for
other
purpose
for
which
they
were
given.
D-­‐
Gain
unlawfully
an
electronic
signature,
means
or
mail,
or
get
access
to
this
electronic
means
or
hinder
or
impair
its
role.
Second-­‐
The
penalty
shall
be
imprisonment
and
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(10000000)
ten
million
ID
for
whoever
submits
incorrect
information
to
an
authorized
body
that
practice
the
8

9. Institute
for
International
Law
and
Human
Rights
10
August
2011
activity
of
issuing
the
electronic
approval
certificate
with
the
intention
of
obtaining,
suspending
or
canceling
the
approval
certificate.
Third-­‐
The
penalty
shall
be
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
whoever
declines
to
provide
the
security
authorities
and
bodies
responsible
for
issuing
the
licenses
with
the
required
reports,
information
and
statistics,
data,
records,
electronic
commercial
and
financial
papers,
software,
or
any
other
outputs
to
the
extent
that
relates
to
their
activities
and
do
not
contradict
with
the
intellectual
property
rights.
Article
14-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(3)
three
years
and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(15000000)
fifteen
million
ID
for
anyone
who:
-­‐
A
-­‐
Damage,
defect
or
disrupt
an
electronic
deed
or
electronic
card
that
proves
a
debt,
dispose,
or
any
financial
or
moral
rights
or
any
other
e-­‐mail
used
to
prove
the
rights.
B
-­‐
Use
in
his
work
intentionally
electronic
commercial
or
financial
papers,
records,
electronic
cards,
and
the
like
of
the
computer
and
information
network
outputs
that
include
other
rights
and
neglects
arranging
them.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(3)
three
years
and
a
fine
of
not
less
than
(15000000)
fifteen
million
ID
and
not
exceeding
(25000000)
twenty
five
million
ID
or
either
for
whoever
disrupts
intentionally
the
computers
and
the
internet
devoted
to
the
public
interest,
or
damage
or
hinder
their
functions.
Third-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(3)
three
months
and
a
fine
of
not
less
than
(2000000)
two
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
anyone
who:
-­‐
A
-­‐
Entrust
with
operating
the
computers
and
controlling
them,
and
he
was
intentionally
the
cause
of
damage,
disrupt,
hinder
or
defect
the
computers
or
their
systems,
software,
or
their
networks
and
the
like.
9

10. Institute
for
International
Law
and
Human
Rights
10
August
2011
B
-­‐
Intrude,
bother,
or
call
the
users
of
the
computers
and
the
internet
without
permission
or
hinders
using
them
by
the
beneficiaries.
C
–
Log
into
a
website
or
an
information
system
intentionally,
without
permission,
or
makes
connection
with
the
computer
system
or
with
part
of
it.
D
-­‐
Use,
without
permission,
or
caused
to
use
the
computers
belonging
to
others
directly
or
indirectly.
E
–
Make
use
of
telecommunications
services
unlawfully,
through
the
internet
or
one
of
the
computers.
Article
15-­‐
First-­‐
The
penalty
shall
be
imprisonment
and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(15000000)
fifteen
million
ID
for
anyone
who:
A-­‐
Excess
the
scope
of
the
authorization
given
to
him
intentionally
or
intercepts
any
information
during
the
transmission
of
the
communications.
B-­‐
Eavesdrop
or
watch
the
stored
and
exchanged
data
in
information
systems.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(4)
four
years
and
a
fine
of
not
less
than
(15000000)
fifteen
million
ID
and
not
exceeding
(25000000)
twenty
five
million
ID
if
the
act
provided
for
in
clause
(one)
of
this
Article
results
in
the
deletion,
destruction,
alteration,
defection,
disruption,
or
republication
of
data
and
information
belonging
to
others
unlawfully.
Article16-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(7)
years
and
a
fine
of
not
less
than
(25000000)
twenty
five
million
ID
and
not
exceeding
(50000000)
fifty
million
ID
or
either
for
whoever
receives
or
intercepts,
unlawfully,
communication
transmitted
by
one
of
the
computers
and
through
the
information
network
with
the
intention
of
bringing
financial
benefits
for
himself
and
for
others.
Article17-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(3)
years
and
a
fine
of
not
less
than
(5000000)
five
million
ID
and
not
exceeding
(10000000)
ten
million
ID
for
whoever
decodes
or
damages
the
code
of
an
electronic
signature,
computer,
information
network,
or
an
electronic
card
of
other
person
with
the
intention
of
committing
one
of
crimes
stipulated
in
this
Act.
10

11. Institute
for
International
Law
and
Human
Rights
10
August
2011
Second-­‐
The
penalty
shall
be
temporary detention and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(15000000)
fifteen
million
ID
if
the
act
defined
in
Sub-­‐Article
(First)
of
this
Article
was
done
against
computers,
software,
networks,
deeds,
electronic
cards,
or
rights
of
government
departments
and
public
institutions
or
those
who
work
on
their
behalf.
Article
18-­‐
First-­‐
The
penalty
shall
be
imprisonment
and
a
fine
of
not
less
than
(5000000)
five
million
ID
and
not
exceeding
(10000000)
ten
million
ID
for
anyone
who:
A.
Provide
false
electronic
information
or
data
to
the
judicial
or
administrative
authorities
knowingly
that
they
are
inaccurate.
B.
Decline
to
provide
information
or
data
to
the
judicial
or
administrative
authorities.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(3)
three
years
and
a
fine
of
not
less
than
(2000000)
two
million
ID
and
not
exceeding
(3000000)
three
million
ID
for
anyone
who:
A.
Use
the
computers
and
the
information
network
and
assume
a
false
identity
or
name
with
the
intention
of
deception
and
fraud.
B.
Set
up
or
use
unreal
or
illusory
website,
or
conceal
or
helped
to
conceal
the
fact
of
a
website
on
the
information
network
with
the
intention
of
committing
one
of
the
crimes
defined
in
this
Act.
Third-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(7)
seven
years
and
a
fine
of
not
less
than
(15000000)
fifteen
million
ID
and
not
exceeding
(20000000)
twenty
million
ID
if
the
crime
defined
in
Sub-­‐Article
(First)
and
(Second)
of
this
Article
commits
by
an
officer
or
by
a
person
in
charge
of
public
service,
or
if
the
false
title,
name,
or
the
information
relates
to
an
public
officer
or
government
department.
Article
19-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(3)
three
years
and
a
fine
of
not
less
than
(5000000)
five
million
ID
and
not
exceeding
(10000000)
ten
million
ID
for
anyone
who:
11

12. Institute
for
International
Law
and
Human
Rights
10
August
2011
A.
Obtain
illegally
information,
data,
software
or
any
computer
outputs
and
he
set
them
up
or
announce
them
intentionally
by
using
the
computer
and
the
information
network
with
the
intention
of
harming
others.
B.
Disclose
any
kind
of
subscribers’
information
or
their
secrets
or
disclose
the
access
data
to
any
other
party
without
an
approval
issued
by
a
competent
official
body.
C.
Sell,
transfer,
or
trade
in
the
personal
data
that
the
subscribers
provided
them
to
him
for
any
reason
without
their
permission
to
bring
financial
benefit
to
him
or
to
others.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(7)
seven
years
and
a
fine
of
not
less
than
(5000000)
five
million
ID
and
not
exceeding
(10000000)
ten
million
ID
if
the
acts
defined
in
Sub-­‐Article
(First)
of
this
Article
Commits
by
an
officer
or
by
a
person
in
charge
of
public
service
while
he
is
performing
his
job
or
because
of
it.
Article
20-­‐
First-­‐
The
penalty
shall
be
imprisonment
and
a
fine
of
not
less
than
(2000000)
two
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
whoever
uses
the
computer
and
the
information
network
to
commit
one
of
the
following
acts:
A
–
Use,
with
the
intention
of
fraud,
a
trademark
in
Iraq
registered
in
the
name
of
other
person
as
a
title
for
his
information
network,
or
allowed
other
side
who
works
in
the
field
of
technical
services
in
Iraq
to
use
it.
B
-­‐
Use
his
electronic
card
for
payment
knowingly
that
he
has
no
balance,
or
he
uses
it
knowingly
that
it
is
expired
or
cancelled,
or
he
uses
the
electronic
card
that
belongs
to
other
person
and
this
card
was
delivered
to
him
without
the
knowledge
of
the
owner.
Second-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(10)
ten
years
and
a
fine
of
not
less
than
(5000000)
five
million
ID
and
not
exceeding
(10000000)
ten
million
ID
in
one
of
the
two
following
cases:
A
-­‐
If
the
offender
is
an
officer
or
a
person
in
charge
of
public
service
and
committed
one
of
the
crimes
defined
in
Sub-­‐Article
(First)
of
this
Article
while
he
is
doing
his
job
or
because
of
his
job,
or
he
facilitates
the
crime
to
others.
12

13. Institute
for
International
Law
and
Human
Rights
10
August
2011
B
-­‐
If
the
acts
defined
in
Sub-­‐Article
(First)
of
this
Article
targets
any
of
the
computer
systems
or
the
information
networks
that
belong
to
any
government
entity
in
Iraq,
or
it
works
on
its
behalf.
Article
21-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(2)
two
years
and
not
exceeding
(3)
three
years
and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(20000000)
twenty
million
ID
for
whoever
commits
one
of
the
following
acts:
A-­‐
Use
the
internet
and
the
computer
to
publish
or
copy
intellectual
works,
literary
works,
or
scientific
research
belonging
to
others
and
that
protected
by
laws
or
international
conventions.
B-­‐
Access
the
website
of
a
company,
institution
or
others
to
change,
delete,
or
modify
the
design
of
this
website
or
exploit
it
unlawfully.
Second-­‐
The
penalty
shall
be
a
fine
of
not
less
than
(500000)
five
hundred
thousand
ID
and
not
exceeding
(1000000)
one
million
ID
for
whoever
publishes,
copies,
or
trades
in
software
or
information
without
authorization.
Third-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(1)
one
year
and
a
fine
of
not
less
than
(2000000)
two
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
whoever
violates,
in
any
manner,
the
religious,
moral,
family,
or
the
social
principles
or
values,
or
violates
the
privacy
of
the
private
life
by
using
the
information
network
or
the
computers
in
any
manner.
Article
22-­‐
First-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(3)
three
years
and
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(6000000)
six
million
ID
for
whoever
sets
up,
runs,
or
helps
to
set
up
a
website
on
the
information
network
for
gambling,
or
practice
gambling,
or
call
for
or
promote
gambling
using
the
information
network.
Second-­‐
The
penalty
shall
be
temporary
detention
and
a
fine
of
not
less
than
(10000000)
ten
million
ID
and
not
exceeding
(30000000)
thirty
million
ID
for
whoever
commits
one
of
the
following
acts:
13

14. Institute
for
International
Law
and
Human
Rights
10
August
2011
A-­‐
Set
up,
run,
or
help
to
set
up
a
website
to
promote
and
incite
an
act
of
lechery
and
fornication,
or
any
software,
information,
pictures,
or
films
that
breach
of
modesty
or
public
morals,
or
engages
in
calling
for
or
promoting
them.
B-­‐
Expose
a
minor
or
juvenile
to
immorality
activities
or
use
the
internet
to
promote,
product,
and
distribute
prostitution
materials,
or
uses
the
email,
computer,
or
the
internet
to
prepare
or
run
immorality
activities
or
communications
using
a
minor,
juvenile,
or
incapacitated
person.
Third-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
exceeding
(2)
two
years
and
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(5000000)
five
million
ID
or
either
for
whoever
uses
the
computers
and
the
internet
to
attribute
terms,
images,
sounds
or
any
other
means
that
include
libel
and
insult
to
the
others.
Article
23-­‐
The
penalty
shall
be
imprisonment
for
a
term
not
less
than
(1)
one
year
and
not
exceeding
(2)
two
years
and
a
fine
of
not
less
than
(3000000)
three
million
ID
and
not
exceeding
(5000000)
five
million
ID
for
whoever
produces,
sells,
imports
or
distributes
intentionally
any
devices,
tools
or
computer
software,
or
passwords
or
access
codes
that
led
to
commit
one
of
the
crimes
defined
in
this
Act.
Chapter
Three
Procedures
for
collecting
of
evidence,
investigation,
and
trial
Article
24-­‐
First-­‐
The
investigation
agencies
shall
undertake
the
investigation
procedures
and
collecting
of
evidence,
and
request
them
from
their
sources
concerning
the
crimes
defined
in
this
Act.
Second
-­‐
It
is
not
permitted
for
the
investigation
agencies
to
start
the
investigation
procedures
without
an
order
of
the
competent
judge.
Third-­‐
The
chief
investigator
or
the
investigator
shall
undertake
the
enforcement
of
the
procedures,
collecting
of
evidence,
or
any
other
investigation
procedure
stipulated
in
the
Criminal
procedures
Code.
14

15. Institute
for
International
Law
and
Human
Rights
10
August
2011
Article
25-­‐
First-­‐
A-­‐
The
court
of
misdemeanors
or
felonies
in
Rusafa
shall
hear
the
crimes
defined
in
this
law
for
a
period
of
three
(3)
years
from
the
date
of
its
entry
into
force,
each
court
according
to
its
jurisdiction.
B
-­‐
The
court
defined
in
paragraph
(A)
of
this
Sub-­‐Article
shall
continue
hearing
the
crimes
before
it
until
taking
a
decision
on
this
crime
and
reaching
the
final
judgment.
Second
-­‐
The
courts
of
misdemeanors
or
felonies
shall
hear,
according
to
the
rules
of
jurisdiction,
the
crimes
defined
in
this
Act
after
the
expiration
of
the
period
defined
in
Sub-­‐Article
(First)
of
this
Article.
Third
-­‐
The
crimes
defined
in
this
Act
shall
be
heard
by
one
or
more
judges
who
have
experience
and
competence
and
received
special
training.
Fourth-­‐
The
competent
judge
may
use
the
expertise
from
inside
and
outside
Iraq
during
the
investigation
and
trial
period.
Article
26
–
First
-­‐
The
competent
judge
may:
A-­‐
Issue
the
orders
to
any
party
to
save
the
computer
data,
including
the
transmitted
information
or
the
data
stored
in
the
computer
hardware
or
in
its
accessories
and
its
outputs
that
could
be
changed
or
lost.
B
-­‐
Issue
orders
to
the
parties
who
provide
information
network
services
or
the
different
technical
services
to
provide
the
investigators
with
the
subscription
date
and
the
password
data
if
that
would
help
in
the
detection
of
the
crime.
C-­‐
Access
to
the
computers
and
the
networks
or
to
any
part
of
them
and
to
the
data
stored
in
them,
and
to
access
to
any
device
or
means
which
can
store
computer
data
inside
Iraq,
and
to
intercept,
monitor
and
control
the
data
by
a
reasoned
decision
that
has
specific
duration
and
purpose.
D-­‐
Trace
the
information
to
the
computer
systems
and
the
networks
connected
with
other
suspected
computer
systems
or
networks
provided
that
to
inform
the
owners
of
the
systems
and
the
networks
with
this
procedure
and
its
scope,
and
provided
that
this
limited
procedure
do
not
violate
or
affect
the
rights
of
others.
15

16. Institute
for
International
Law
and
Human
Rights
10
August
2011
E
-­‐
Seize
the
computers
or
part
of
them
and
the
device
that
the
data
stored
in
it
and
transfer
them
to
the
investigation
site
to
be
analyzed
and
examined.
The
judge
may
copy
the
data
without
transferring
the
system,
and
may
remove
the
data
that
prevent
access
to
the
computer
system
without
damaging
the
system
or
affecting
the
data
and
the
software
that
stored
in
it.
Second-­‐
the
side
that
undertakes
collecting
of
evidence
shall:
A-­‐
Prepare
two
hardcopies
of
the
data
to
be
analyzed
and
examined,
and
to
deliver
the
first
hardcopy
directly
to
the
chief
investigator
before
taking
any
action
about
it,
and
to
start
the
procedures
of
analysis
and
examination
on
the
second
hardcopy.
It
is
not
allowed
to
make
any
alteration
or
change
to
these
two
copies.
B-­‐
Provide
the
electronic
copy
of
the
evidence
or
the
hardcopies
of
the
evidence
with
a
detailed
report
shows
the
procedures,
tools
and
the
equipment
used
in
obtaining
evidence
or
recovering
them.
Third-­‐
The
investigation
and
the
expertise
side
shall
provide
the
outputs
of
the
electronic
copies
as
hardcopies
along
with
a
detailed
report
about
the
date
of
copying
t
the
hardcopies.
Chapter
Four
General
and
final
provisions
Article
27
-­‐
The
acts
stipulated
in
this
Act
shall
be
punished
by
the
penalties
stipulated
in
it
without
prejudice
to
any
severer
punishments
stipulated
by
the
applicable
laws.
Article
28
–
First
-­‐
The
provisions
of
judicial
person’s
responsibility
stipulated
in
Penal
Code
No.
111
for
the
year
1969
concerning
the
crimes
stipulated
in
this
Act
that
were
committed
in
his
name
or
for
his
account,
shall
be
applied.
Second
-­‐
The
judicial
person
shall
be
committed
to
solidarity
with
the
sentenced
person
concerning
the
payment
of
the
fines
and
compensation
decided
by
the
court,
if
the
crime
was
committed
in
his
name
and
for
his
account.
16

17. Institute
for
International
Law
and
Human
Rights
10
August
2011
Article
29-­‐
Without
prejudice
to
the
rights
of
bona
fide
third
parties,
the
court
may
decide
to
confiscate
or
damage
the
tools,
equipment,
software,
and
devices
used
in
the
commission
of
the
crimes
stipulated
in
this
Act.
Article
30
-­‐
The
following
Codes
are
applicable
unless
specifically
provided
for
in
this
Act:
First
-­‐
Penal
Code
No.
111
for
the
year
1969.
Second
-­‐
Criminal
Procedure
Code
No.
23
for
the
year
1971.
Article
31
-­‐
This
Act
shall
enter
into
effect
after
ninety
(90)
days
from
the
date
of
its
publication
in
the
Official
Gazette.
Reasons
In
order
to
provide
legal
protection
and
to
reach
a
punishment
system
for
the
perpetrators
of
computer
and
Internet
crimes
that
accompanied
the
evolution,
growth,
and
development
of
computer
systems,
networks
and
information
technology
revolution.
These
crimes
involves
a
lot
of
risks
that
inflict
great
causalities
upon
the
institutions
and
individuals,
where
these
crimes
attack
the
data
and
information
and
affect
the
private
life
of
the
individuals,
threaten
the
national
security
and
national
sovereignty,
weaken
the
confidence
in
the
new
technologies,
threaten
the
human
creativity,
and
provide
legal
protection
for
the
computer
systems
that
the
State
encourages
depending
on
them
in
all
the
activities.
This
Act
initiated.
17