دور مـحـقــق هـيـئــة الـنـزاهــة في الــدعــوى الـجـزائـيــة ( دراسة مقارنة )

Rp-The Role of The Investigator of The Commission of Integrity in The Penalty Lawsuit ( A Comparative Study) .pdf

Abstract

Corruption crimes are among the most serious crimes that infringe on the basic values and principles in the development and prosperity of the state, and the consequent disruption of projects within the state, thus which leads to the undermining of the system of governance and the individual’s distrust in the state.
Recently, Corruption crimes have spread in most parts of the world, which required legislators to intervene immediately to address this dangerous phenomenon and its serious consequences. Indeed, legislation responded by addressing these crimes, including the amended Integrity Commission Law No. 30 of 2011, Administrative Authority Law No. 54 of 1964 in Egypt, and Anti-Corruption Law No. 13 of 2016 in Jordan.
In general, the purpose of these laws is to achieve the public interest by fighting corruption, so the investigators of the Integrity Commission have a wide role to investigate cases of financial and administrative corruption. It can be said that the integrity investigator is every employee who undertakes the task of investigating cases of administrative and financial corruption, and thus the role of the integrity investigator in the criminal case appears through the investigation of corruption cases in accordance with the provisions of the Integrity Commission Law No. 30 of 2011, as amended, and the provisions of the Code of Criminal Procedure Iraqi No. (23) of 1971, effective and amended. The investigator investigates corruption cases, whether based on a complaint or a report, and the criminal case may be brought by the Integrity Commission itself in the crimes of administrative and financial corruption as a party to the criminal case.
We dealt with the subject of the study in two chapters. We started in the first chapter by addressing the definition of the Integrity Commission investigator, then we touched on the legal status of the Integrity Commission investigator in the criminal case, in the second chapter, and the study reached important conclusions, including that the criminal case for corruption cases is either based on a complaint or a report and that the Integrity Commission’s investigators are investigators who are administratively subject to the oversight and direction of the Integrity Commission. Technically, they are under the supervision and direction of a competent investigative judge. And the
The researcher reached several proposals for the legislator and the competent authorities, including a proposal for an article on the Integrity Commission Law No. (30) for the year 2011 which gives the authority the right to receive complaints and information related to corruption cases.
Based on the foregoing, we divided our study into two chapters, in the first chapter we dealt with the concept of the Integrity Commission investigator, then we discussed in the second chapter, the legal status of the Integrity Commission investigator in the criminal case.