اختصاص الاِّدعاء العام بالتحقيق في جرائم الفساد

The jurisdiction of the Public Prosecution to investigate corruption offenses

This study addressed an extremely important topic, namely (the competence of the public prosecutor to investigate crimes of corruption) which highlighted the knowledge of the competence of the public prosecutor to investigate crimes of corruption Based on Article (5/XII) of the Law on Public Prosecutor No. 49 of 2017, the investigation of which was made up to the General Prosecutor, Iraq’s legislator since 1931 to follow the system of separation between the two powers of jurisdiction and to investigate, as a result of the law of the tail of the Law on the Tail of the Baghdadi Trials Act (No. 42) of 1931, to the effect that the Law on Public Evidence in force on 6/3/2017 was passed, and he was willing to combine these two authorities with the public prosecutor.

In view of the importance of crimes of corruption, being an overall boundary and its effect covering all the State’s joints, a gate to other crimes, and the impact on their security and economic stability and their reflection on the public interest, were The type of offences that the general prosecution specializes in the investigation of this type of crime, and based on this, the Public Prosecutor’s Department of Finance and Administration, which includes a group of offices distributed to ministries and independent authorities, has been established to exercise this jurisdiction.

However, the Iraqi legislator did not clearly disclose the composition of those offices and the nature of that jurisdiction, since the wording of the text was confusing, there was no consistency with the rest of the text, and the legislator had not shown its relationship with other anti-corruption actors, including the of integrity, federal financial control offices and public inspectors’ offices, as well as the powers of the financial and administrative prosecutor when the investigation is exercised, especially as he is obliged to refer the case to the competent investigating judge.

We have found that the nature of the Prosecutor’s Financial and Administrative Prosecutor’s competence to investigate is to investigate and collect evidence, and that his powers are the same as members of the judicial control, with the addition of the validity of the arrest provided for in the law on public prosecution, which is merely a catch of the accused