The Legal Basis for the Exercise of Penal Powers by Competent Foreigners` Research Officials A comparative analytical study in light of the Iraqi Law on the Residence of Foreigners No. (76) of 2017

Abstract

Abstract:

This research examines the legal foundations underpinning the powers exercised by officials responsible for enforcing the provisions of the effective Iraqi Foreigners’ Residence Law No. (76) of 2017. Specifically, it analyzes their penal authorities regarding the imposition of fines on foreigners who violate the provisions of this law, as well as the provisional restriction of their freedom pending the completion of deportation or expulsion procedures. Furthermore, the study aims to identify the specific residency officials vested with these powers and to delineate the scope of their authority.

The study demonstrates that these powers possess a sound constitutional basis, as they do not infringe upon the principle of the separation of powers stipulated in the 2005 Constitution of the Republic of Iraq, a stance explicitly affirmed by the Federal Supreme Court in several of its landmark decisions. Additionally, a firm legislative framework exists within multiple articles of the aforementioned Iraqi Foreigners’ Residence Law, whereby the legislator granted residency officials the authority to impose fines on violating foreigners, either directly or by vesting them with the statutory powers of a "Misdemeanor Judge." The legislator has also exclusively and strictly identified the officials authorized to practice these penal powers, namely: the Minister of Interior, the Director General of Residency, and the Residency Officer; consequently, no other entities are permitted to exercise such jurisdictions. Finally, the law delineates strict limits to these penal powers, confining them to the imposition of financial fines and preventative measures, without extending to other core penalties that infringe upon the foreigner’s personal liberty.