The Role of the Public Prosecution in Combating Financial and Administrative Corruption in Iraq and Egypt, a Comparative Study

The phenomenon of financial and administrative corruption has become one of the dangerous phenomena that threaten countries and their future, affect their economy and impede the wheel of their growth, development and prosperity, thus leading to their backwardness and preventing them from keeping pace with progress. , government institutions, which is the spread of financial and administrative corruption crimes on a wide level in all state institutions, and it became clear to everyone that there is no real deterrent in confronting these crimes to curb them despite the multiplicity of competent authorities, to combat corruption, which regulates the law’s mechanism of action, and one of the changes that Iraq witnessed is change And the development witnessed by the judicial institution, including all its joints, considering the Public Prosecution as one, one of the components of the judiciary under the Iraqi constitution. The new Public Prosecution Law in Iraq No. 49 of 2017, according to which the previous Public Prosecution Law No. 159 of 1979 was issued, was issued. 2005 AD and became administratively and financially independent after being linked to the Minister of Justice. The law enjoys wide powers and tasks that it did not have before, including granting it the right to file cases of financial and administrative corruption. Based on the provisions of the Criminal Procedures Law No. 23 of 1971 and its amendments, it also granted him a new authority to investigate crimes of financial and administrative corruption and all crimes in violation of the stipulated public office duties, stipulated in the Iraqi Penal Code No. 111 of 1969 amended and the creation of the Administrative and Financial Prosecutor’s Department at its headquarters It is responsible for supervising the offices of the financial and administrative prosecutor that have been created, in all state ministries and independent bodies, of crimes or limiting them in light of the new powers granted to him by reviewing his role starting from filing criminal cases in corruption cases to investigating them and the nature of the investigation conducted by a member The Public Prosecution and its legal value, and we reinforced this with some judicial rulings inspired by Iraqi legislation, and then we compared it with the Public Prosecution system in Egypt, which is a different system from the Public Prosecution Authority in Iraq, where the Public Prosecution issues permission to search and arrest violators of the law by police stations and refer the accused The competent courts and their divisions (the Administrative Prosecution) in Egypt, which are specialized in crimes of financial and administrative corruption. Maha is tasked with examining and investigating crimes of financial and administrative corruption with the aim of protecting public money and ensuring the proper functioning of public utilities and filing disciplinary cases, which are formed and administered by disciplinary courts. These courts aim to achieve disciplinary justice and uncover defects and shortcomings in administrative systems and procedures. Correspondences received from the authorities under their jurisdiction or official bodies. It is also concerned with filing criminal cases for crimes revealed by the investigations of the Administrative Prosecution and referring them to the Public Prosecution, which in turn investigates, collects evidence and refers the accused on charges of financial and administrative corruption to the competent courts and represents the right of society in the competent courts. From this we conclude that the Public Prosecution And the administrative prosecution are the backbone of the fight against financial and administrative corruption in Egypt, and we recommend researchers to take advantage of the study of this important research to combat and combat financial and administrative corruption, which is rampant in the joints of the Iraqi state and the Egyptian state, which is afflicted by financial and administrative corruption and is the initial step for further studies in the future, God willing. by researchers and Academics rely on the method of our research on the methodology of the comparative study, which focuses on finding solutions to the problems of corruption, which is the approach we adopted in this study.