The Criminal Responsibility of the Speaker of the Iraqi parliment

Although the Speaker of Parliament enjoys parliamentary immunity. But this immunity is not absolute. But there are exceptions or limitations. Immunity means that it is a privilege established by international or domestic law. Leads to the exemption of the enjoyment from a burden or duty imposed by law. On all persons residing on the territory of the State. It entails exempting persons from being subject to the provisions of the public authority. in the state, especially the judiciary, or some aspects of its manifestations. However, it may sometimes happen that the framework of this immunity is exceeded. Consequently, the Speaker of Parliament must be subject to criminal responsibility. And that for committing crimes that exceeded the limits of parliamentary immunity. It entails a legal penalty. And the criminal responsibility of the Speaker of the House of Representatives means: obligating the person of the President to bear the consequences of his behavior in violation of the rules of criminal law. And that all the words and actions of the Speaker of the House of Representatives. Apart from the parliamentary function, he may be asked about it. This is due to the lack of the desired end of enjoyment. And the inclusion of parliamentary immunity. If the Speaker issues any personal statement, writes and publishes a press article, or makes statements unrelated to parliamentary work. These acts result in crimes. He shall be responsible for it. With all kinds of responsibility. The importance of the issue arises from the fact that the Penal Code is the law to be applied to all individuals within the territory of the state. Whether they are natives or foreigners. Considering that criminal responsibility is the right of society to impose punishment on every person who violates the provisions of the criminal law. Because of the harm that it causes to society. This right applies even to persons granted immunity by law. In the study, we followed the descriptive analytical approach. The study concluded with a number of results, the most important of which were: The competent authority to investigate the crime of the Speaker of Parliament is the authority competent to investigate the same ordinary crimes. This is in accordance with the general rules of investigation contained in the Code of Criminal Procedure. And that the procedural provisions relating to the criminal responsibility of the Speaker of the Iraqi Council of Representatives. It does not differ from the general provisions for criminal liability. Except with regard to some procedures related to a request to lift his immunity from the Council.