The penal role of the Kurdistan Region of Iraq Integrity Commission in combating corruption crimes in the region

Volume 12 , Issue 2 , December 2024 , Pages 146-189

Authors

Alan Arif Abdalla 1 ; Ako Burhan Abdulkareem 2 ; Mohammed salim Mohammed Ameen 3

1 1Department of Business Administration،Dukan Technical Institute،Sulaimani Polytechnic University،Iraq.

2 Department of Law،Garmian University،Iraq.

3 Department of Business Administration،Chamchamal Technical Institute،Sulaimani Polytechnic University،Iraq.

DOI logo 10.17656/jlps.10265

Keywords

Abstract

The crime of corruption represents a great danger to the state, and is very contrary to the standards of integrity, and constitutes a major obstacle to economic development plans, as corruption crimes have recently spread throughout the world significantly, especially in Iraq and the Kurdistan Region, which called for each of them to establish a special body to combat corruption crimes in them after the collapse of the former regime in 2003. The work of the Integrity Commission in Iraq and the Kurdistan Region as an anti-corruption body is a relatively new experience. With the development of the issue of corruption in the Kurdistan Region, the legislator decided to issue the Law of the Integrity Commission for the Kurdistan Region No. (3) of 2011, which referred in its second article to the establishment of a commission in the name of (Commission of Integrity for the Kurdistan Region - Iraq). Its main mission is to combat corruption crime in the region.

The research came to show the penal role of the Kurdistan Region Integrity Commission in reducing corruption crimes that are rampant in the region, as well as revealing the shortcomings and legislative shortcomings that surrounded the legislation regulating the work of the Regional Integrity Commission in order to activate it more effectively.

The research reached a number of results, including: The law granted the Authority - as a competent authority to combat corruption crimes - some legal procedures to play a major role in combating these crimes in particular, the most important of which is the possibility of initiating the criminal case through its legal representative, as well as receiving (information) complaint and information in order to investigate them, where the Authority investigates two types of lawsuits:  The first are news cases that have not yet been brought before the judiciary, and the second are criminal cases that have been brought before the investigative court judge upon receiving a complaint or informing about corruption. The Commission, through its legal representative, can appeal the decisions of the investigating judge and the Court of First Instance, as according to the data obtained by the researchers, the Commission has carried out its tasks effectively in the field of appealing the decisions to suspend execution within the scope of corruption crimes.

The research recommended a number of suggestions, the most important of which are: the need to add a text to the law of the Regional Integrity Commission in which it explicitly stipulates that the Commission must initiate a criminal case as soon as it learns of the crime of corruption, and that the system does not include the suspension of the execution of punishment for perpetrators of corruption crimes.

Keywords:Kurdistan Region Integrity Commission, initiating criminal cases, receiving information and complaints, investigation, news lawsuit and criminal lawsuit, appeal.

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  • First online15 December 2024
  • Published at15 December 2024

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