The Center for Public Claims and its Relationship with the Rulers of the Government in the Light of Iraqi Law

Author:
Uday Hamed Abdel Kazem
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Mohamed Mahdi Ghamami

  With the development of judicial systems, the public prosecution has become an important pillar of justice, and with the issuance of the Legal System Reform Law No. 35 of 1977, and then the issuance of the Public Prosecution Law, which was a legislative reflection of it by Law No. 159 of 1979, a huge qualitative and quantitative development occurred in the legal system of this apparatus. In terms of the formations and tasks entrusted to it, as it included new principles, perhaps the most important of which is not limiting the functions of the public prosecution to the criminal case, but rather the general control of legality with all that it is based on, including the protection of the state’s system, security, institutions and funds, and active participation with the court and other competent authorities such as the police in the rapid detection of Crimes and their perpetrators and referring them to the competent courts to issue a just ruling against them in a manner that achieves the goals of punishment in deterrence and reform, monitoring procedural phenomena, submitting proposals to address them and reducing their danger, and protecting the family and childhood as one of the most important goals and foundations of social solidarity established in the constitution. The law has entrusted many and varied competencies to the public prosecution, including the request to initiate and follow up the criminal case at all stages until the execution of judgments in penal institutions, expressing an opinion in cases of stopping legal procedures, undertaking good behavior, retrial, extradition of criminals, and obligatory attendance in some cases, trials, committees, bodies and councils of a penal nature And expressing an opinion on requests for conditional release, monitoring the validity of the release of the policeman and alerting to violations and violations of the provisions of the law in the non-penal fields as well. Tomorrow, he enjoys a prominent position among the judicial bodies in various countries of the world, and this center is filled by the nature of the work of the Public Prosecution and that the high position of the judiciary and its importance He made him a special place in the legal system, and this importance and eminence made the members of the Public Prosecution not subject to what the rest of the employees are subject to in many rights and obligations.