Legal shields for corruption: Article 136(b) ministerial veto (to 2011) and general amnesty laws (2008, 2016, 2025 amendment)
Article 136(b) of the Criminal Procedure Code allowed ministers to block the prosecution of officials in their ministries; it was used 54 times in 2009 and 95 times in the first half of 2010 (according to Musings on Iraq), including, reportedly, by the Interior Minister to halt his inspector-general's inquiry into the fake bomb detectors, until parliament repealed it on 18 April 2011. General amnesty laws have repeatedly released convicted officials: the 2008 law reportedly covered the MoD procurement convictions; the 2016 General Amnesty Law was applied in 2018 to one of former Trade Minister al-Sudani's convictions; and the January 2025 amendment conditions amnesty for corruption convicts on repaying the losses fixed by the injured ministry, the route the Supreme Judicial Council described in July 2026 for the tax-deposits theft. Judge Abdul Sattar Bayraqdar was quoted saying corrupt convicts had been covered by the amnesty passed by parliament.
- Period
- From 2004 to July 2026
- Sector
- Anti-corruption system and asset recoveryCriminal procedure and amnesty legislation
- Kind of case
- Structural leakage
- Jurisdiction
- Federal Iraq
How the money moved, according to the sources
Legal mechanisms that halt or extinguish prosecutions or sentences, sometimes in exchange for repayment.
What happened
Article 136(b) repealed (2011); amnesty with repayment conditions in force (2025).
Open questions
- Official texts: Law No. 19 of 2008, Law No. 27 of 2016, and the 2025 amendment; numbers of corruption convicts released under each.
People and companies
This case does not name any person or company. It rests on figures and institutions.
Sources
- Supreme Judicial Council10 July 2026Government statementTier A
توضيح (clarification on the tax deposits case)
OriginalArchived copyويجب استحصال موافقة الوزير على آلية تسديد المبالغ المترتبة بذمة المحكوم بحسب قانون تعديل قانون العفو
- Musings on Iraq (blog, Joel Wing)26 April 2011Press reportTier D
Iraq's Parliament Repeals Article Used To Block Corruption Investigations
OriginalIn the first half of 2010, Article 136B was used 95 times.
- Arabi21 (reproducing Rusafa court document)28 November 2018Press reportTier D
القضاء العراقي يفرج عن وزير سابق متهم بقضايا فساد كبيرة
Originalفقد قررت اللجنة شموله بقانون العفو العام النافذ
- Arabic Wikipedia25 September 2026Press reportTier D
الفساد في العراق
Originalهناك أكثر من خمسة آلاف عقد وهمي
ولكن شملهم قانون العفو العام الذي شرعه مجلس النواب
Related cases
- Ministry of Trade food-ration (Public Distribution System) scandal and Minister Abdul Falah al-Sudani (from 2006 to 2018)
- "Theft of the Century": about IQD 3.8 trillion (about $2.5bn) withdrawn from the General Commission for Taxes trust deposits at Rafidain Bank (from 2021 to 2022)
- Ministry of Defence arms-procurement scandal under the interim government (about $1.3bn, from 2004 to 2005)
- ADE 651 fake bomb detectors bought by the Ministry of Interior (from 2007 to 2010)