CoI desirous to keep public money according to Law
Feb 19 , 2012

The COI hotline received complaint via email from [unknown person], who complained that the commission measures were not serious in order to protect the local money.

His Excellency COI commissioner address to issue the complaint and the answer about it as the follows;

 

The complaint;

In the Name of God, the Merciful, the Compassionate

 

COI Commissioner

 

Sub: offence by CoI employee

 

The legal representative in COI commissioned to follow up the offences cases in Al Rysafa court with condemned family […] not to appeal the sentence decision for [3] years , after the COI submitted  the papers to misdemeanor court from the AL Karkh Investigation Office regarding the misused of the public money by forgery[property] . After issuing to condemn decision no[…] that attached below, the legal representative did not follow up the case and he did not submit an exhibit before the date of trail which explain to the court the target of his directorate to return the public money . The evidence for that the court decision did not issue an order to return the public money [property] to the

state, but it insured the legal right for COI in compensation. The court believed that the COI has been return back the seized property and there was nothing left but compensation. Thus as result of neglecting of the legal representative for this case, the condemned attorney exploited the situation to cheat the court that COI returned back the seized property and where as it is still registered by the condemned name .The misunderstands which the misdemeanor court had committed in its decision resulted from the neglecting of the authorized legal representative which paved the way to enable the condemned attorney to cheat the court. So what is the benefit of the COI measures without returning back the public money .In addition to that he did not appeal the court decision in spite of passing [10]days after the legal period in agreement with condemned family in order to enable them to promote the conditional release request because one of the main conditions for the conditional release is not to appeal the court decision. Thus the request was promoted and the condemned will be released where she will be able to control the property especially it is still registered by her name as the state was so before measures taking concerning the property .Thus we need your consideration to protect the public money through adopting legal measures for the above mentioned case by means of appeal before passing the legal period and avoid the negligence of the legal representative regarding the public money.

 

Best Regard

 

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    The legal office has been reply about the appeal mechanism that the commission depends on, as the following:

 

1. The specialized investigator is in charge to notify COI legal representative with any decision concerning the release of the accused, pardon him, and refuse the complaint or closing the investigation completely or temporarily. Any decision needs to appeal, within 48 hrs, from the date of delivering decision and the investigator will be responsible for the delay or not notifying for any reason.

                                                                      

 2. The legal representative is in charge of reviewing the investigative documents within 3 days from the date of receiving the notification by the investigator with taking into consideration the appeal legal period.

 

3. The legal representative will prepare the appeal sheet regarding the decision of the investigation judge, whenever needed b. otherwise, the legal representative will submit his report to the office manager included his opinion of not needed the appeal. The manager office has the authority to submit this decision to a committee formed for this reason under his lead and the membership of two competent investigators.

 

4.  The legal representative will submit the cassation sheet to the specialized investigator after submitting it to the investigation court and paying the fees, taking into consideration the appeal legal period.

 

5. The specialized investigator will attach the cassation sheet with the case and submits it to the specialized investigation court in order to submit it to the appeal authority.

 

6. The specialized investigator will notify the legal representative with a copy of the cassation sheet within three days after receiving the case file from the specialized court.

 

7. The appeal procedures concerning the investigation judge decisions are the same in the court of misdemeanor or the courts of first instance. The appeal by the legal representative is a principle duty and the exception is the certainty of the decision equity and in this case the procedures for not to appeal the decision will refer to the committee and then to the senior officials. 

 

 COI depend clear paths in performing its works including the appeal of court decisions, not like what was mentioned in the citizen`s letter.

 

We want to assure the citizen that, we all partners in fighting corruption.

 

With respect

 

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