{"id":41102,"date":"2025-11-12T14:28:51","date_gmt":"2025-11-12T14:28:51","guid":{"rendered":"https:\/\/alghanim-lawfirm.com\/en\/?p=41102"},"modified":"2025-11-12T14:30:38","modified_gmt":"2025-11-12T14:30:38","slug":"duties-of-the-public-prosecution-as-stipulated-in-the-public-prosecution-law","status":"publish","type":"post","link":"https:\/\/alghanim-lawfirm.com\/en\/2025\/11\/12\/duties-of-the-public-prosecution-as-stipulated-in-the-public-prosecution-law\/","title":{"rendered":"Duties of the Public Prosecution as Stipulated in the Public Prosecution Law"},"content":{"rendered":"

Articles 1 to 5 of Public Prosecution Law No. 159 of 1979 stipulate that the Public Prosecution, in addition to the entities designated by law, shall undertake specific duties in its capacity as the primary oversight authority in the state, as follows:<\/p>\n

First<\/strong>: Initiating criminal proceedings in matters of public right, unless their initiation requires a complaint or authorization from a competent authority.<\/p>\n

Second<\/strong>: Monitoring investigations into crimes, collecting the evidence necessary for prosecution, and taking all measures that may lead to uncovering the details of the crime.<\/p>\n

Third:<\/strong> The law also grants the Public Prosecution member the powers of an investigating judge at the scene of the incident in the latter\u2019s absence. These powers cease upon the judge\u2019s arrival, unless the judge requests the member to continue the investigation in whole or in part regarding the actions already undertaken.<\/p>\n

Fourth<\/strong>: The Public Prosecution must express its opinion before decisions are issued As follows:<\/p>\n

    \n
  1. Transferring the case during the investigation and trial stages.<\/li>\n
  2. Compelling the accused or the victim in a felony or misdemeanor to submit to body examination, fingerprinting, photography, or the taking of blood, hair, nails, or any other samples that may aid the investigation.<\/li>\n
  3. Seizing the assets of a fugitive accused or those under their control.<\/li>\n
  4. Seizing the assets of an accused person charged with a felony involving movable or immovable property.<\/li>\n<\/ol>\n

    Fifth<\/strong>: The Public Prosecution has the right to supervise the work of investigators and judicial officers to ensure the proper execution of the investigative judge\u2019s decisions and the prompt completion of procedures. The Public Prosecution also has the right to review investigative documents and submit motions regarding them, and the investigative judge must decide on these motions within no more than three days from the date of their submission.<\/p>\n

    The Public Prosecution in Iraq has played a significant role, particularly within the framework of Iraq\u2019s democratic system. It serves as the representative of society and the guardian of the law, aiming to achieve justice, preserve public order, combat crime, and protect both individual and collective rights from any violation. It is a fundamental pillar in upholding the principle of the rule of law and the independence of the judiciary.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Articles 1 to 5 of Public Prosecution Law No. 159 of 1979 stipulate that the Public Prosecution, in addition to the entities designated by law, shall undertake specific duties in its capacity as the primary oversight authority in the state, as follows: First: Initiating criminal proceedings in matters of public right, unless their initiation requires…<\/p>\n","protected":false},"author":1,"featured_media":1446,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[55],"tags":[],"class_list":["post-41102","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-information"],"acf":[],"_links":{"self":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41102","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/comments?post=41102"}],"version-history":[{"count":1,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41102\/revisions"}],"predecessor-version":[{"id":41103,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/posts\/41102\/revisions\/41103"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/media\/1446"}],"wp:attachment":[{"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/media?parent=41102"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/categories?post=41102"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alghanim-lawfirm.com\/en\/wp-json\/wp\/v2\/tags?post=41102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}