محاكم التحقيق المختصة بجرائم تهريب النفط والغاز ومشتقاتهما في ظل قانون اقليم كوردستان رقم (3) لسنة 2020

Abstract

This research deals with the spatial jurisdiction of the investigation courts in the crimes of smuggling oil and gas and their derivatives under Law No. (3) of 2020, the Law on Combating Smuggling of Oil and Gas and Their Derivatives in the Kurdistan Region - Iraq. The issue of the spatial jurisdiction of the criminal courts has been resolved and organized in a significant manner in the Iraqi Code of Criminal Procedure, which is the law in force in the Kurdistan Region of Iraq as well. However, despite this fact, we find that the Kurdistan Region Legislator has included a specific provision to this topic in the above-mentioned law taking this topic out of the general rules. When a conflict occurs regarding spatial jurisdiction, the solution lies in the The Law of Judicial Authority of Kurdistan Region, which determines the body that considers and resolves such a conflict. However, this solution is not the best solution compared to the solution set by the (dissolved) Revolutionary Command Council Resolution No. 57 of 1993, which is not valid in the Kurdistan Region-Iraq. When such a conflict is between an investigative court linked to the judicial authority in the Kurdistan region and an investigation court linked to the federal judicial authority in Iraq, it shall be dealt with Iraqi Constitution (2005) and specifically Article (93) of it.