COALITION PROVISIONAL AUTHORITY ORDER NUMBER 31
MODIFICATIONS OF PENAL CODE AND CRIMINAL PROCEEDINGS LAW
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA)~
under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolution 1483 (2003),
Recognizing that instances of kidnapping, rape, and forcible vehicle larceny represent a
serious threat to the security and stability of the Iraqi population,
Understanding that attacks of looting or sabotage against critical electrical power and oil
infrastructure facilities undermine efforts to improve the condition of the Iraqi people,
Noting that the denial of pretrial bail in certain cases and lengthy jail sentences represent
deterrents to such conduct,
I hereby promulgate the following modifications of the Penal Code and Criminal
Proceedings Law:
Section 1
Definitions
1) "Means of Transportation" are motorized vehicles used for the movement of persons
or goods including, automobiles, trucks, motorcycles, tractors, aircraft, ships, boats, or
barges,
2) "Penal Code" means the Penal Code Law No. (111) of 1969 as amended including
Law (1) 2002 and CPA Order Number 7, Penal Code, CPA/ORD/9 June 2003/07,
3) "Criminal Proceedings Law" means Criminal Proceedings Law No. 23 of 1971 as
amended including amendments contained in CP A Memorandum Number 3, Criminal
Procedures, CPA/MEM/18 June 2003/03.
Section 2
Modifications of Sentences for Kidnapping
1) The penalties for kidnapping offenses set forth in the Penal Code Paragraphs 421,
422, and 423 are hereby modified to provide a maximum punishment of life
imprisonment for each offense. Sentences for the commission of kidnapping offenses
may not be reduced as a result of mitigating circumstances pursuant to Paragraph 130
of the Penal Code. The maximum sentence limitation of Paragraph 87 of the Penal

Code shall not apply to the specified kidnapping offenses. For the purposes of this
modification, sentences of life imprisonment shall mean the remaining natural life of
the person.
2) Penal Code Paragraphs 426 (1) and 426 (2) providing for the further mitigation of the
sentence for kidnapping offenses is hereby suspended. Cooperation following the
offense shall serve as a mitigating factor to be considered by the trial judge in
determining the sentence.
3) Penal Code Paragraph 427 providing for the cessation of actions in the event the
offender marries the victim is hereby suspended.
Section 3
Modifications of Sentences for Rape and Indecent Assault
1) The penalties for the offenses of rape and sexual assault set forth in Penal Code
Paragraph 393 are hereby modified to provide a maximum punishment of life
imprisonment. The maximum sentence limitation of Paragraph 87 of the Penal Code
shall not apply to the offenses specified in Paragraph 393. For the purposes of this
modification, sentences of life imprisonment shall mean the remaining natural life of
the person.
2) The penalties for the offense of indecent assault set forth in Penal Code Paragraph 396
are hereby modified to provide a maximum punishment of fifteen years
imprisonment.
Section 4
Modifications of Sentences for Offenses Involving Damage to Public Utilities or Oil
Infrastructure
1) The penalties for wrecking, destroying or otherwise damaging water, electricity, or oil
installations or other public utilities set forth in Penal Code Paragraph 353 (1),
whether or not such damage could or does lead to the closure of an installation, are
hereby modified to provide a maximum punishment of life imprisonment.
2) The maximum sentence limitation of Paragraph 87 of the Penal Code shall not apply
to the offenses specified in Paragraph 353. For the purposes of this modification, life
imprisonment shall mean the remaining natural life of the person. Persons convicted
of committing these offenses shall not be eligible for Conditional Discharge as set
forth in Paragraph 331 of the Criminal Proceedings Law.
CPA/ORD/10 Sep 2003/31
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Section 5
Modifications of Sentences for Theft Offenses Involving Means of Transportation
1) The penalties for theft under the aggravating factors specified in Paragraphs 440
through 443 of the Penal Code are hereby modified to provide a maximum
punishment of life imprisonment if the offense involves the use of force to commit the
theft of a Means of Transportation.
2) The maximum sentence limitation of Paragraph 87 of the Penal Code shall not apply
to offenses involving the use of force to commit the theft of a Means of
Transportation. For the purposes of this modification, sentences of life imprisonment
shall mean the remaining natural life of the person.
Section 6
Modifications to Bail Arrangements
Notwithstanding the bail provisions contained in Paragraph 109 of the Criminal
Proceedings Law No. 23 of 1971 the reviewing judge may order a person suspected of
committing an offense punishable by life imprisonment to be held without bail until
trial.
Section 7
Entry into Force
This Order shall enter into force on the date of signature.
L. Paul Bremer, Administrator
Coalition Provisional Authority
CPA/ORD/10 Sep 2003/31
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