New Counter-Terrorism and Justice and Trial Safeguards Bill

Article (1) — Definitions

For the purposes of this Law, the following terms shall have the meanings assigned to them: Terrorist Act: conduct criminalized under this Law when committed intentionally with terrorist intent. Terrorist Intent: the intent to seriously terrorize the population or a section thereof, compel an Iraqi public authority, foreign State or international organization to act or refrain from acting, or undermine or disable constitutional institutions through force or serious violence.

Terrorist Organization: an organized group of two or more persons, whatever its form or duration, whose purposes or activities include committing, preparing, directing or financing a terrorist act. Its status shall be established by judicial judgment or an effective listing under Article (55) of this Law. Material Support: funds, assets, weapons, explosives, shelter, transport, documents, communications or professional or technical services intentionally provided with knowledge that they will be used to commit a terrorist offence or enable a terrorist organization's criminal activity.

Foreign Terrorist Fighter: a person who travels to a State other than their State of residence or nationality for the purpose of perpetrating, planning, preparing or participating in a terrorist act, or providing or receiving terrorist training. Child: anyone under eighteen years of age. Victim: any person suffering direct physical, psychological or material harm as a result of a terrorist offence; in the event of death, this includes dependants or persons whom the injured person was legally responsible for maintaining.

Article (2) — Objectives of the Law

This Law aims to prevent and suppress terrorist offences; protect citizens' lives, the rule of law and constitutional institutions; unify penal provisions concerning terrorism; ensure proportionality in criminalization and punishment; secure fair and effective trials; protect victims and witnesses; and regulate national and international counter-terrorism cooperation in accordance with the Constitution and the Republic of Iraq's international obligations.

Article (3) — Scope

This Law shall apply to terrorist offences committed in the Republic of Iraq and offences falling within Iraqi jurisdiction under its Article (58), without prejudice to provisions affording greater protection to rights and freedoms or to special rules concerning juveniles and international crimes.

Article (4) — Legality and Strict Interpretation

An act shall constitute terrorism only where expressly prescribed by this Law and where its material and mental elements and terrorist intent are established. Penal provisions shall be interpreted strictly. Analogy in criminalization or punishment shall be prohibited, as shall presuming terrorist intent from social, religious, ethnic or political affiliation or kinship.

Article (5) — Protection of Lawful Activity

Expression of opinion, journalism, research, religious, trade union or political activity, protest, strikes, peaceful assembly and non-violent civil disobedience shall not in themselves constitute terrorism, even where they involve sharp criticism of the authorities, unless the conduct is intentionally accompanied by an act criminalized under this Law and all its elements are proven.

Article (6) — Non-Discrimination and Individual Responsibility

This Law shall apply without discrimination. Criminal responsibility shall be based on a person's own conduct and individual intent. No one shall be responsible for an act committed by a relative, spouse or member of their tribe, group or locality. No collective punitive or administrative measures shall be imposed on grounds of suspicion or presumed affiliation.

Article (7) — Respect for Human Rights and International Humanitarian Law

In applying this Law, all authorities shall comply with the Constitution and rights guaranteed by treaties in force for the Republic of Iraq. Counter-terrorism shall not be invoked to justify torture, enforced disappearance, extrajudicial killing, secret detention or arbitrary deprivation of liberty. International humanitarian law shall be observed wherever applicable to an armed conflict.

Article (8) — Relationship to International Crimes

Where the alleged conduct constitutes genocide, a crime against humanity, a war crime or another international crime punishable under Iraqi law in force, application of this Law shall not preclude investigation and prosecution under the more serious and precise legal characterization reflecting the nature of the crime and its victims' rights.

Article (9) — Core Terrorist Offence

A terrorist offence is committed by anyone who intentionally, with terrorist intent, commits any of the following: killing a person or causing serious bodily harm; taking hostages; using explosives, weapons or hazardous materials in a manner seriously endangering human life; causing serious destruction of a public facility, critical infrastructure, means of transport, or health, educational or religious facility where this could seriously endanger people's lives or security; or any serious violent act prescribed in an international counter-terrorism convention in force for Iraq.

Article (10) — Attacks on Infrastructure and Essential Services

Anyone who intentionally, with terrorist intent, destroys, disables or forcibly seizes electricity, water, oil and gas, communications, transport, banking or hospital facilities, State digital systems or other critical infrastructure in a manner threatening the population's life or safety or causing serious widespread disruption shall be punishable under this Law.

Article (11) — Hostage-Taking and Terrorist Kidnapping

Kidnapping or detention of a person shall constitute a terrorist offence where accompanied by a threat to kill, injure or continue detaining that person in order to compel a State, international organization or natural or legal person to act or refrain from acting, or to achieve another terrorist purpose.

Article (12) — Attacks on Transport, Aviation and Navigation

Where accompanied by terrorist intent, unlawful seizure of an aircraft, ship, train or public transport vehicle, endangering its safety or that of its passengers, or a serious attack on an airport, port or transport terminal shall constitute a terrorist offence, with due regard to international conventions in force for the Republic of Iraq.

Article (13) — Hazardous Materials and Weapons of Mass Destruction

Anyone intentionally using, with terrorist intent, a chemical, biological, radiological or nuclear weapon, toxic or radioactive material, or a device designed to cause mass casualties shall be punishable by life imprisonment. The penalty prescribed in Article (27) shall apply where the act causes a person's death with direct intent to take life.

Article (14) — Establishing and Leading a Terrorist Organization

Anyone who creates, establishes, organizes or leads a terrorist organization, or holds a leadership position in it with knowledge of its nature and purposes, shall be punishable. Leadership shall not be established by social, religious or political standing alone, but through evidence of actual authority to direct or plan terrorist activity or manage its resources.

Article (15) — Membership and Participation

Anyone intentionally joining a terrorist organization with knowledge of its nature and actually participating in its criminal activity shall be punishable. Kinship, residence in an area formerly controlled by a terrorist organization, compulsory civilian work, incidental presence or contact that does not provide criminal support shall not suffice for criminal responsibility.

Article (16) — Recruitment

Anyone recruiting or attempting to recruit a person to join a terrorist organization, commit a terrorist offence or receive terrorist training shall be punishable. The offence shall be aggravated where the target is a child, a person with an intellectual disability, or someone whose economic need, dependency, displacement or detention the offender exploited.

Article (17) — Terrorist Training

Anyone providing or receiving, with terrorist intent, training in making explosives, using weapons, concealment, communications, technical intrusion or other skills, knowing that they are intended for committing a terrorist offence, shall be punishable. This shall not include lawful military, professional, academic or journalistic training unless the specific criminal intent is established.

Article (18) — Travel for Terrorist Purposes

Anyone travelling or attempting to travel outside their State of residence or nationality to commit, plan, prepare or participate in a terrorist offence, or provide or receive terrorist training, shall be punishable. Anyone financing, organizing or facilitating such travel with knowledge of its terrorist purpose shall also be punishable.

Article (19) — Direct Public Incitement

Anyone publicly, directly and intentionally calling for the commission of a specific terrorist offence or a specific type of terrorist offence shall be punishable where, considering its content, context and audience, the call creates a real risk of the offence occurring. This Article shall not apply to news reporting, documentation, research, discussion or mere expression of opinion without such intent and risk.

Article (20) — Propaganda and Promotion Leading to Criminal Support

Subject to Article (7) of the Constitution, anyone intentionally producing, managing or distributing propaganda for a terrorist organization shall be punishable where it is accompanied by a practical call for recruitment, fundraising, provision of services or execution of terrorist acts. Content limited to abstract glorification or justification shall be addressed through non-criminal measures prescribed by laws in force unless the elements of incitement or support under this Law are established.

Article (21) — Provision of Material Support

Anyone intentionally providing material support to a terrorist organization or to a person for the commission of a terrorist offence, with knowledge of the criminal purpose, shall be punishable. Criminalization shall not include emergency medical services, legal defence or impartial humanitarian assistance provided under international and Iraqi law without intent to support terrorist activity.

Article (22) — Harbouring and Concealment

Anyone intentionally concealing a person known to have committed a terrorist offence to prevent their arrest or trial, or providing shelter, documents or means of escape for that purpose, shall be punishable. A relative shall not be liable merely for failing to report where no material assistance was provided and the relative had no knowledge of an imminent terrorist threat, without prejudice to other offences in force.

Article (23) — Failure to Prevent an Imminent Terrorist Threat

Anyone having certain knowledge of a specific and imminent plan to commit a terrorist offence threatening human life, who can notify the competent authorities without serious danger to themselves or others but intentionally fails to do so, shall be punishable by detention. Exceptions shall apply to matters protected by defence rights, legal professional privilege or professional confidentiality, and where reporting would expose the person or a family member to serious danger that cannot be averted.

Article (24) — Terrorism Financing

Terrorism financing and the collection, provision, freezing and confiscation of funds and assets shall be governed by Anti-Money Laundering and Counter-Terrorism Financing Law No. (39) of 2015 and related laws. Financing offences shall be independent of whether a terrorist act actually occurs, provided the intent or knowledge required by law is established.

Article (25) — Planning, Preparation and Attempt

Attempts to commit terrorist offences and preparatory acts going beyond mere thought to specific material steps demonstrating intent to commit a terrorist offence shall be punishable under this Law and the Penal Code. Possession of knowledge or access to information shall not in itself be criminalized unless accompanied by preparatory conduct and proven terrorist intent.

Article (26) — Criminal Participation

An instigator, perpetrator, indirect perpetrator and accomplice shall each be responsible according to their role, intent and actual contribution, under the Penal Code and this Law. The penalty shall not automatically be the same for someone who planned or carried out a lethal act and someone who played a secondary role. The degree of participation shall be considered in sentencing.

Article (27) — Terrorist Killing and the Most Severe Penalty

Anyone intentionally committing a terrorist offence with direct intent to take human life, resulting in a person's death, shall be punishable by death. Where death results without proof of direct intent to kill, the penalty shall be life imprisonment. The death penalty shall not apply to mere membership, financing, harbouring, incitement or support unless direct intent and participation in the lethal offence are established under the rules of criminal participation as prescribed by law.

Article (28) — Penalties for Serious Terrorist Offences

Anyone committing an offence under Articles (9) to (13) shall be punishable by life imprisonment where Article (27) does not apply and the act causes serious bodily harm to several persons, hostage-taking, widespread destruction of critical infrastructure or extreme collective danger. In other serious cases, the penalty shall be imprisonment for not less than fifteen years and not more than twenty-five years.

Article (29) — Penalty for Leading an Organization

A founder or leader of a terrorist organization, or a person managing its military wing, operations or financing, shall be punishable by life imprisonment where responsibility for directing serious terrorist activity is established, and by imprisonment for not less than fifteen years otherwise. Article (27) shall apply where criminal responsibility for a specific terrorist killing is established.

Article (30) — Penalties for Membership, Recruitment, Training and Travel

The offence under Article (15) shall be punishable by imprisonment for seven to fifteen years; the offences under Articles (16) and (17) by imprisonment for ten to fifteen years; and the offence under Article (18) by imprisonment for five to ten years. The penalty shall be aggravated within the upper limit where recruitment targets a child.

Article (31) — Penalties for Incitement, Support and Concealment

Incitement under Article (19) shall be punishable by imprisonment for five to ten years; material support under Article (21) by imprisonment for seven to fifteen years; and harbouring and concealment under Article (22) by imprisonment for three to seven years, unless the conduct constitutes participation in a more serious offence.

Article (32) — Criminal Liability of Legal Persons

Where a terrorist offence is committed in the name or interest of a private legal person, or using its resources, as a result of a management decision or serious breach of oversight duties, it may be sentenced to a fine, confiscation, suspension of activity or dissolution according to the gravity of the act, without prejudice to natural persons' criminal liability. Dissolution shall not apply to parties or associations except under constitutional safeguards and procedures and the laws governing them.

Article (33) — Aggravating Circumstances

The following shall constitute aggravating circumstances: targeting children, health, educational or religious facilities, or heritage sites; using materials causing mass harm; exploiting an official or security position; committing a transnational offence; using a child in its execution; or committing the offence for sectarian, ethnic or religious motives with the intention of spreading terror, cleansing or collective revenge.

Article (34) — Voluntary Abandonment and Effective Cooperation

The court may reduce the penalty where, before harm occurs, the offender voluntarily abandons the act and provides reliable information to the authorities that prevents a terrorist offence, saves lives, dismantles a cell or recovers dangerous materials, provided the offender has not committed killing, torture, rape or an international crime. Cooperation after an offence occurs shall not automatically exempt a person from responsibility.

Article (35) — Confiscation and Protection of Good-Faith Third Parties

The court shall order confiscation of instrumentalities, proceeds and assets derived from a terrorist offence or directly intended for its commission, protecting the rights of good-faith third parties and their right to object and appeal. Confiscation shall not extend to property of the convicted person's family or co-owners merely by reason of kinship or joint ownership unless the property's connection to the offence is established in accordance with the law.

Article (36) — Individualized Sentencing

In determining the penalty, the court shall consider the gravity of the outcome, the defendant's role, degree of intent, use of violence, age and circumstances, whether the defendant was subjected to coercion, human trafficking or exploitation, and any cooperation with justice. The judgment shall state the reasons for the selected penalty and the aggravating or mitigating circumstances.

Article (37) — Jurisdiction of Ordinary Courts

Investigating courts, criminal courts and other courts competent by law shall have jurisdiction over terrorism offences. Exceptional courts shall not be established to try persons accused of them. Within the ordinary judiciary, the Supreme Judicial Council may designate panels or judges with specialized training while guaranteeing independence and normal judicial allocation of cases.

Article (38) — Arrest Warrants and Urgent Cases

No person may be arrested, searched or detained except under a reasoned judicial order, other than in flagrante delicto and cases expressly permitted by the Criminal Procedure Code. An arrested person shall be brought before the investigating judge without delay and no later than twenty-four hours after deprivation of liberty, calculated from the moment of actual arrest.

Article (39) — Deprivation-of-Liberty Register and Family Notification

The arrested person's identity, time, place and reason for arrest, arresting body, place of detention and any subsequent transfer shall be recorded immediately. A person chosen by the arrested person shall be informed of their whereabouts without delay, unless a judge orders a limited, reasoned postponement for an exceptional investigative necessity. This shall not prevent the place of detention from being registered with the judicial authority.

Article (40) — Right of Defence from the Outset

The accused shall have the right to legal assistance from the first questioning and throughout investigation and trial, and to consult privately with counsel subject to reasonable security rules. If unable to appoint a lawyer, the court shall assign competent counsel at State expense before any substantive questioning. A waiver of counsel shall be recognized only if express, voluntary, documented and made in the presence of a judge.

Article (41) — Right to Silence and Freedom from Self-Incrimination

Before questioning, the accused shall be informed in understandable terms of the right to remain silent and not to be compelled to confess or testify against themselves. Silence alone shall not be treated as evidence of guilt. Threats, unlawful promises and psychological or physical pressure to induce speech shall be prohibited.

Article (42) — Independent Medical Examination

Every detainee shall have the right to a medical examination on admission to a detention facility and upon their own request or that of counsel or the investigating judge. Examination shall preserve confidentiality and professional independence. Where indications of torture or ill-treatment appear, the physician shall duly document them and notify the Public Prosecution and competent judge for investigation and protective action.

Article (43) — Audio-Visual Recording of Questioning

Where technically available, questioning in terrorism cases shall be recorded in sound and image from beginning to end, and the recording retained in a secure, verifiable record. Recording shall become mandatory in central investigation centres within a transitional period not exceeding twelve months from this Law's entry into force. Recording shall not substitute for counsel's presence or judicial oversight.

Article (44) — Prohibition of Secret Detention

No person may be detained in a place not legally recognized or not registered with the judicial authority and competent oversight bodies. Every security body shall transfer a detainee to an official detention facility within statutory periods. A judge or the Public Prosecution shall not be prevented from learning the person's whereabouts or verifying detention conditions.

Article (45) — Pre-Trial Detention and Periodic Review

Pre-trial detention is an exceptional measure, not a punishment. A judge may order it where there is substantial evidence and a real risk of flight, interference with evidence, influence on witnesses or commission of a serious offence. The judge shall periodically review continued detention through a reasoned decision and release the accused or substitute another measure when its grounds cease, subject to the periods prescribed by the Criminal Procedure Code.

Article (46) — Inadmissibility of Evidence Extracted through Torture

No statement, confession or information proven, or seriously suspected on substantial grounds, to have been extracted through torture or cruel, inhuman or degrading treatment shall be admitted, except to establish the violation against its perpetrator. Where the accused makes a serious allegation of torture, the court shall suspend reliance on the challenged statement and conduct a prompt, independent investigation. The prosecution shall prove that a confession was voluntary before it is relied upon.

Article (47) — Intelligence and Evidence of Guilt

Intelligence may provide grounds for initiating an investigation or seeking judicial authorization, but shall not alone suffice for conviction unless presented as evidence capable of being tested before the court with respect for defence rights. Secret evidence whose substance has not been disclosed to the defence shall not be the sole or decisive basis for conviction.

Article (48) — Witnesses and Informants

Witnesses, Experts, Informants and Victims Protection Law No. (58) of 2017 shall apply. Where a real danger exists, the court may protect a witness's identity or manner of appearance, provided the defence has an effective means of challenging the reliability of the testimony and anonymous testimony is not the sole or decisive basis for conviction.

Article (49) — Searches and Seizure of Items

Warrants to search homes, devices or vehicles and seize funds, documents or data shall be judicially controlled and subject to necessity, proportionality and specificity. A record of seized items and their chain of custody shall be prepared and a copy delivered to the person concerned or their representative, subject to urgent situations prescribed by law and subsequent judicial oversight.

Article (50) — Communications Interception and Technical Surveillance

Private communications interception, location tracking, covert access to data or installation of technical surveillance devices shall require reasoned judicial authorization specifying the person, place or account, purpose, duration and scope of data. The initial period shall be thirty days, renewable by a new judicial decision where necessity continues. Data unrelated to the offence shall be destroyed once the legal need for them ends.

Article (51) — Digital Evidence

Digital evidence shall be collected, preserved and examined through procedures ensuring integrity, authenticity, chain of custody and technical reviewability. The defence shall have the right to request an independent examination where authenticity or extraction methods are seriously contested, with protection for personal data unrelated to the proceedings.

Article (52) — Special Investigative Techniques

With judicial authorization and where less intrusive methods are unavailable, undercover operations, controlled deliveries, human sources or extended surveillance may be used to uncover terrorist offences. A law enforcement officer or source shall not induce a person to commit an offence for which that person had no genuine predisposition. The court shall assess the effect of unlawful entrapment on evidence and liability.

Article (53) — Evidence from Conflict Areas or Abroad

Documents, digital materials and physical evidence from conflict areas or a foreign State may be admitted if their source, integrity and chain of custody can reasonably be verified and the defence has a genuine opportunity to challenge them. Describing a source as intelligence or military shall not exempt the evidence from judicial review of legality and reliability.

Article (54) — Public Trial and Right of Appeal

Terrorism trials shall be public before an independent and impartial judiciary. Only the portion necessary to protect a witness, child or legitimate secret may be closed, by reasoned decision and to the narrowest extent. The accused shall have the right to know the charge and material evidence, question witnesses, call defence witnesses, receive interpretation and appeal the judgment under the law. Death sentences shall be subject to mandatory cassation review and all additional safeguards prescribed by law.

Article (55) — Listing of Terrorist Organizations and Appeals

A mechanism shall be established within the competent judiciary to list entities where substantial evidence shows that they are terrorist organizations. The Public Prosecution or competent body shall submit an evidence-supported application. A reasoned judicial decision shall specify its effects and duration. Any interested person may appeal, seek periodic review and request delisting where the grounds cease. Security Council lists binding on Iraq shall be implemented under the law, with a domestic procedure to challenge mistaken identity and request delisting through the competent international mechanisms.

Article (56) — Asset Freezing and Management

Procedures for freezing terrorist assets and terrorism financing funds shall apply under Anti-Money Laundering and Counter-Terrorism Financing Law No. (39) of 2015 and binding resolutions. The person concerned shall be notified whenever possible without prejudicing the investigation and enabled to object and seek exemptions for permitted basic and legal expenses. Temporary freezing shall not become final confiscation except under a judgment or legal basis authorizing it.

Article (57) — Victim Protection and Rights

The State shall guarantee victims treatment preserving dignity, security and privacy, inform them of the stages of proceedings to the extent compatible with the investigation, and enable them to claim compensation and civil rights. Applicable laws on compensation for affected persons, female survivors and victims shall apply. A judgment concerning a terrorist offence shall not preclude investigation of mass killing, enslavement, sexual violence, disappearance or other crimes committed against victims.

Article (58) — Extraterritorial Jurisdiction

Iraqi courts shall have jurisdiction over offences under this Law committed abroad where the offender is Iraqi; the offence targets the Republic of Iraq, one of its citizens or missions, or means of transport registered in Iraq; or the accused is present in Iraq, extradition is unavailable and an applicable treaty or legal rule requires prosecution. Rules on jurisdiction, immunities and the prohibition of double jeopardy shall be observed in accordance with the law.

Article (59) — Extradition and Mutual Legal Assistance

Iraqi authorities shall cooperate in extradition, mutual legal assistance, exchange of evidence and information, and recovery of proceeds under the Constitution, laws, treaties in force and reciprocity. The political nature of an offence shall not justify refusing cooperation where the elements of a terrorist offence are established. Extradition shall not be permitted where substantial grounds exist to believe the person would face torture, enforced disappearance or a trial denying fundamental safeguards, unless reliable and sufficient legal guarantees are provided in accordance with the law.

Article (60) — Children in Terrorism Cases

A child shall be subject to the Juvenile Welfare Law and the most protective applicable rules. The child's best interests and rights to education, rehabilitation and reintegration shall be primary considerations. A child shall not be held responsible merely because a parent is associated with a terrorist organization or because the child resided in an area under its control. Possible recruitment, trafficking or coercion must be examined before treating the child as an offender. The death penalty and any punishment offering no realistic prospect of release shall be prohibited for anyone under eighteen at the time of the offence.

Article (61) — Women, Family Members and Returnees

Responsibility shall rest on proven individual conduct. A spouse, relative or companion of a person accused of terrorism may not be detained or tried merely because of family relationship, companionship or presence in a conflict area. Returnee cases shall be screened on the basis of individual evidence and specific risks. Persons against whom there is insufficient evidence of an offence may be offered voluntary civilian rehabilitation and support programmes under the law, not disguised punitive measures.

Article (62) — Rehabilitation in Correctional Institutions

The Ministry of Justice, in coordination with the competent bodies, shall establish programmes based on individual risk and needs assessments for persons convicted of terrorism offences. These shall include education, psychological, vocational and intellectual support, prevention of recruitment in prisons and preparation for return to society. Participation or non-participation in an intellectual programme shall not impair freedom of belief or result in a non-judicial extension of the sentence.

Article (63) — Release, Follow-Up and Reintegration

After completion of a sentence or upon conditional release under the law, competent bodies may provide follow-up and reintegration programmes proportionate to risk, including social, vocational and psychological support. Restrictions on movement, communication or work after completion of a sentence shall require a law and a time-limited, appealable judicial decision based on a serious security necessity.

Article (64) — Data Protection and Prevention of Discriminatory Profiling

Personal data in terrorism cases shall be processed for a lawful purpose and only to the extent necessary, protected from unauthorized access and subject to specified retention periods. Religion, sect, nationality, ethnicity, locality or political opinion shall not be treated as independent evidence of terrorist risk or the sole basis for security targeting.

Article (65) — National Coordination

The competent national counter-terrorism committee, within the existing government structure, shall coordinate national policy and information exchange among relevant security, intelligence and judicial bodies without prejudice to judicial independence or each body's jurisdiction. This Law shall create no new security force or investigative power parallel to agencies established by law.

Article (66) — Reports, Statistics and Oversight

Subject to legitimate confidentiality, the competent executive bodies shall publish annual aggregate statistics on investigations, referrals, judgments, acquittals, detention periods, ill-treatment complaints, financial measures and rehabilitation programmes. The Prime Minister or an authorized representative shall submit an annual report to the Council of Representatives on implementation of national counter-terrorism policy without interfering in pending cases or disclosing operational secrets.

Article (67) — Professional Training

Competent bodies shall train judges, prosecutors, investigators, officers and detention personnel in evidence-based investigation, preservation of crime scenes and digital evidence, non-coercive investigative interviewing, human rights, child and victim protection, counter-financing and international cooperation, reducing reliance on confessions as the central evidence.

Article (68) — Prevention of Violent Extremism Leading to Terrorism

The State shall support early prevention, social cohesion, education, rehabilitation and measures against violent recruitment under the national strategy. Civilian measures shall remain separate from criminalization and shall not restrict freedom of thought, belief or lawful political opposition. Describing a person as at risk of radicalization shall not create criminal liability or a criminal record.

Article (69) — Application of General Rules

Penal Code No. (111) of 1969, Criminal Procedure Code No. (23) of 1971, Anti-Money Laundering and Counter-Terrorism Financing Law No. (39) of 2015, Witnesses, Experts, Informants and Victims Protection Law No. (58) of 2017, and applicable juvenile and victim laws shall govern matters not specifically addressed in this Law, insofar as they do not conflict with it.

Article (70) — Repeal of the Previous Law

Counter-Terrorism Law No. (13) of 2005 shall be repealed from this Law's entry into force. Valid procedures taken under it shall retain their effects unless inconsistent with a safeguard under this Law that is more favourable to the accused.

Article (71) — Pending Cases and the More Favourable Law

Courts shall continue hearing cases instituted before this Law's entry into force. The law more favourable to the accused shall apply to prior acts under general principles. A final judgment shall not be reopened except through statutory appeal and retrial procedures. The Public Prosecution shall review the legal characterization of cases based on mere membership, family relationship or a contested confession to ensure compliance with the new elements of offences and safeguards.

Article (72) — Transitional Periods

The Supreme Judicial Council, Ministries of Interior and Justice and competent security bodies shall, each within its jurisdiction, complete detention registration forms, questioning recording arrangements, digital evidence procedures and training programmes within twelve months of publication. Incomplete equipment shall not suspend the fundamental rights and safeguards in this Law.

Article (73) — Regulations and Instructions

The Council of Ministers, ministries and competent bodies may issue regulations and instructions to facilitate implementation within one hundred and eighty days of publication. These shall not create an offence or penalty, expand the definition of terrorism or diminish the trial and detention safeguards prescribed herein.

Article (74) — Commencement

This Law shall enter into force ninety days after publication in the Official Gazette, except provisions guaranteeing safeguards for arrest, detention, defence and prevention of torture, which shall apply from publication where more favourable to the accused or more protective of a right.