The Role of the Iegai Representative in Protecting Public Funds and its Mechanisms in Iraqi law

In fact, the importance of public funds in the conduct of the state’s activity and its public facilities, and its impact on achieving its economic, military and security stability, and its repercussions on the public interest, which made the legislation seek to provide adequate legal protection for those funds, so the roles of the legal representative are one of these types. Protection, as it turns out that it is procedural protection that is not limited to the penal aspect represented by the authority to initiate criminal cases for the public right to crimes in general and crimes of government corruption in particular. Rather, it extends to the civil aspect of intervening and attending civil lawsuits in which the state is a party or claiming civil rights arising from criminal lawsuits. The message aimed to shed light on this protection and its effectiveness in achieving its goal, as it became clear to us that this protection in Iraq is weak and without level of ambition This is due to several reasons, including what is related to the apparatus to which the legal representative is affiliated, including with regard to the legislation of the Public Prosecution Authority, which has become inconsistent with the developments that Iraqi society witnessed after 2003 and at all levels. In addition, the law, when setting the goal of preserving state funds, did not give it On the other hand, special or exceptional means to achieve this The goal and its means and terms of reference remained traditional. From this point, it was necessary to study the role of the legal representative in protecting public funds and its mechanisms in Iraqi law to shed light on that legal protection and to know the extent of the seriousness of the work of the legal representative and the mechanisms for dealing with it to infringe on public funds, so We proceeded to elaborate it according to the descriptive analytical method. The most important results: That the legal representative is obliged to present all the procedures he takes before the courts to his head of administration, who is the public official charged with protecting public money from waste and theft; The obligation of the legal representative to perform a certain procedure before the criminal courts, in which he lacks the freedom of choice, is a reason that leads to the negation of his criminal responsibility. And that he has violated the legal rules regulating his work. It was found through the study that the Iraqi legislator did not single out special texts to hold the legal representative criminally accountable when he breaches his duties, but the Iraqi judiciary resorted to applying the texts related to the employee’s damage to public money in the event of his intentional and unintentional breach, arrest, and a fine upon him when he refrains from attending without legitimate excuse. We concluded that the position of the Iraqi legislator in excluding the provisions of criminal responsibility is the interests of the government and its official and semi-official departments, in contrast to the French legislator, which excluded the state and local groups within a limited scope of this responsibility, without prejudice to the responsibility of the legal representative resulting from his breach of his job duties.