Oneself objection to traffic violations
Keywords:
subjectivity, violation, objection, loyalty, appeal the decisionAbstract
The violating vehicle driver may find himself not committing a traffic crime, or that the committed violation is not commensurate with the fine imposed on him, and accordingly, the legislator in the Traffic Law did not leave the matter in doubt, by granting the right to the violator to object to the judgment decision before the (Committee to decide on The objection), which is formed in the traffic directorates, which considers the objection request submitted within the legal period, which has been extended by (15) fifteen days from the date of imposing the fine unappeasable.
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References
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Surat An-Nur from verse 63.
The fines were amended according to the Fines Amendment Law contained in the amended Iraqi Penal Code No. (111) of 1969, and other special laws No. (6) of 2008 published in the Iraqi Gazette No. 4149 on 5/4/2010, according to which the fine for violations became from ( 50000) fifty thousand dinars and up to (200,000) two hundred thousand dinars, and in misdemeanors from (200001) two hundred thousand and one dinar and not more than (1000000) one million dinars, and in felonies from (1000001) one million dinars and not more than (10000000) ten million dinars .
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It stipulated that: ( A - The traffic officer based on his observation or the monitoring of the monitoring devices has the authority of a misdemeanor judge to impose fines .B - the traffic commissioner concerned up to the fourth degree based on his observation or the monitoring of the monitoring devices has the authority of a misdemeanor judge to impose fines).
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(27) Dr. Majed Ragheb Al-Helou. Previous source, p. 511.
(28) The letter of the Wasit Governorate Traffic Directorate / Legal No. 1/ 9225 on 9/12/2012, to the General Traffic Directorate / Legal Affairs Section / Administration Division, which includes (We would like to inform you that the statement of our employee, the Traffic Commissioner (H 0 H 0 K), who made By imposing the judgment decision No. (1263239) on 05/18/2021 on the vehicle numbered (35443 and Baghdad / Kh), where the vehicle type was fixed in the judgment as a BMW type, because the vehicle had a BMW mark on it, and the vehicle owner refused From giving the documents at the time of imposing the judgment decision, and our above-mentioned employee has taken the initiative of himself to pay the judgment decision according to the collection receipt No. (2610980) on 11/30/2021)
The same source, p. 183..
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Article (100) of the Constitution of the Republic of Iraq for the year 2005 stipulated that: (It is prohibited to stipulate in laws that any work or administrative decision is immune from appeal).
The Committee to decide on the objection formed based on the text of Article (30/First) of Traffic Law No. (8) of 2019 considered the objection submitted by the offending driver called (A0G0M), the owner of the vehicle numbered (36,211R, special - Anbar) type Daewoo Prince on the resurrection of driving His vehicle is in the opposite direction
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