Legal organization of the public prosecution service (comparative study)

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Abstract

That the idea of public prosecution is related to the idea of public right, because the public prosecution apparatus represents the public right, that is, the crystallization of the idea of public right was the reason for the emergence of the idea of public prosecution. Therefore, the association of the idea of public prosecution to the public right was not isolated from the development of the punishment and its function; therefore, the right is considered the main reason for the emergence of the public prosecution; because the crime when it occurs entails a public right, that is, the right of the state to punish everyone who violates his security, that is, the public interest represented by the interest of society, to play a great role in establishing the rules of

justice and its role lies before and during the criminal case and in the stage of investigation and trial Until the stage of appealing the rulings, this role extends until the implementation of the ruling, and it is worth mentioning that the name of the public prosecution is different in some countries from it is in other countries. While the Iraqi legislator called it the name (the Public Prosecution), we find that many countries called it the Public Prosecution, including the Egyptian and Lebanese legislation, and I do not fail to note that the Public Prosecution is the owner of original jurisdiction to initiate, file and initiate a public case or the public right lawsuit. He assumes this task, whether before the investigating judge or the court of first instance and even before the criminal court. That the idea of public prosecution is related to the idea of public right, because the public prosecution apparatus represents the public right, that is, the crystallization of the idea of public right was the reason for the emergence of the idea of public prosecution. Therefore, the association of the idea of public prosecution to the public right was not isolated from the development of the punishment and its function; therefore, the right is considered the main reason for the emergence of the public prosecution; because the crime when it occurs entails a public right, that is, the right of the state to punish everyone who violates his security, that is, the public interest represented by the interest of society, to play a great role in establishing the rules of justice and its role lies before and during the criminal case and in the stage of investigation and trial Until the stage of appealing the rulings, this role extends until the implementation of the ruling, and it is worth mentioning that the name of the public prosecution is different in some countries from it is in other countries. While the Iraqi legislator called it the name (the Public Prosecution), we find that many countries called it the Public Prosecution, including the Egyptian and Lebanese legislation, and I do not fail to note that the Public Prosecution is the owner of original jurisdiction to initiate, file and initiate a public case or the public right lawsuit. He assumes this task, whether before the investigating judge or the court of first instance and even before the criminal court.  

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Published

2025-09-28

How to Cite

Legal organization of the public prosecution service (comparative study). (2025). Kufa Journal of Legal and Political Sciences , 16(59). https://journal.uokufa.edu.iq/index.php/kjlps/article/view/21693

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