The administrative and financial prosecutor’s duties in combating corruption A comparative study in light of the provisions of the Public Prosecution Law No. 49 of 2017

Abstract

In the new Public Prosecution Law No. 49 of 2017, the Iraqi legislator introduced the Administrative, Financial and Public Prosecution Department, which was stipulated in Article (5) of the said law in P13. Article 14 of the same law provides for the establishment of offices for financial and administrative public prosecution in ministries and independent bodies whose jurisdiction shall be exercised in accordance with the provisions of Article (11) of this Article. Accordingly, this study is an attempt to clarify the legal status of this department and the related offices in the Iraqi ministries, the functions that will be taken and the frameworks of the relationship between them and the regulatory and administrative bodies and the legal mechanisms that will follow them in combating administrative corruption crimes in Iraq.   This study shows the purpose envisaged by the Iraqi legislator to create this new department in its function within the public prosecutor's office and the procedures taken by the administrative and financial prosecutor in the face of corruption crimes, which have increased in recent times despite the large number of supervisory bodies concerned with investigating them. As well as the extraordinary measures that may be taken by the administrative and financial prosecutor in the face of these crimes, and also shows ways to eliminate the phenomenon of double control in the administrative work in Iraq in general.