Public Prosecution in the Iraqi and Tunisian constitution (A comparative study)

Author:
Jaafar Mohammed Hilal Al Kaabi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Hussein Jawan Arasah

The Public Prosecutor’s Office is a government agency that is enshrined in the Constitution and is authorized to guarantee the correctness of judicial procedures by judicial institutions, which aims to protect the rights and freedoms of citizens from arbitrary acts of law, even if the Public Prosecutor’s Office is an administrative body. But work together with the judiciary

In terms of the importance of this issue, this issue plays an important role that the public prosecutor’s apparatus plays, which starts the case through the pre-investigation stage of arrest, investigation and summoning orders to the investigation stage, and then the court, which It oversees and controls, and that is what the Iraqi and Tunisian systems were in. In the case of the matter, this power is represented by the power conferred by the law on this institution, which intervenes in all stages of the judiciary, so if this reference becomes an obstacle to judicial proceedings, leading to the next stage of instability. Yes, what to do. From all joints of the country.

By studying the public prosecution with all its merits and in two systems, it became clear to us that the public prosecutor’s office has a role in initiating and directing the public case. The public prosecutor’s office in Tunisia is different from what it is in Iraq, as the general prosecutor’s office in Tunisia is the only authority to initiate a case, while in Iraq the public prosecutor’s office intervenes. Petition in the presence of any judicial officer, competent staff and all those who have witnessed this crime and anyone who is interested in transferring it. The public prosecutor also has the right to appeal judicial decisions.