الاختصاص القانوني للادعاء العام في العراق بين النظرية والتطبيق

م.م. زيد سلام عبد الله; م.م .وليد خالد جاسم; م.م. نرمين ناظم ناصر

doi:10.64184/ajlps.V3.I2.Y2026.781-803.355

Authors

Assistant Lecturer. Zaid Salam Abdullah Legal Affairs Department / Presidency of Al-Nahrain University Author
Assistant Lecturer. Walid Khalid Jassim L egal Affairs Department / Presidency of Al-Nahrain University Author
Assistant Lecturer. Narmin Nazem Nasser Legal Affairs Department / Presidency of Al-Nahrain University Author

DOI:

https://doi.org/10.64184/ajlps.V3.I2.Y2026.781-803.355

Keywords:

Public Prosecution, Attorney General, Regulatory Bodies

Abstract

The Public Prosecution Service in Iraq is a fundamental body within the judicial system. One of its primary roles is to defend legitimacy and the rule of law. Although the Public Prosecution Service is a component of the judicial system, it maintains complete independence. The law has granted this body broad powers, which will be discussed later in this research. It is also noteworthy that this body is crucial for maintaining the security and stability of society. The new law has granted it the right to challenge the constitutionality of laws and regulations before the Federal Court. Furthermore, among the new duties assigned to this body is its role in combating financial and administrative corruption. It is noteworthy that the previous law did not grant this right to the Public Prosecution Service, which is a positive development. The Public Prosecution Service's role is extensive, beginning with filing reports and initiating legal proceedings. It also plays a role in cases involving minors and intervenes in administrative courts in the interest of the law. Moreover, it has an oversight role regarding detention centers and prisons, monitoring their compliance with human rights. The most important role of the Public Prosecution Service is to protect society and achieve justice

References

Sources

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2- Muhammad Abdul Ali al-Zubaidi, Appeals in the Interest of the Law before the Administrative Judiciary in Light of the Public Prosecution Law No. (49) of 2017 (A Comparative Study), Journal of the College of Law, Al-Nahrain University, Volume (22), Issue (3), 2020.

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2- Rasha Ali Kadhim, The Extent of Arab Legislation's Compliance with the Provisions of the United Nations Convention against Corruption, Master's Thesis, College of Law, Al-Nahrain University, 2012.

Fourthly / Legislation:

- International Agreements:

1- United Nations Convention against Corruption, 2003 (No. 2).

Laws:

1- Prosecution Law No. 49 of 2017

2- Baghdad Code of Criminal Procedure No. 43 of 1931

3- Iraqi Constitution of 1970

4- Judicial System Reform Law No. 35 of 1977

5- Iraqi Criminal Procedure Law No. 23 of 1971

6- Permanent Iraqi Constitution of 2005

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