The Role of the Public Prosecution in the Preliminary Investigation Stage

Author:   Ruaa Mohammed

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The Public Prosecution constitutes a fundamental pillar in the structure of criminal justice, and the Iraqi legislator has assigned it a central role during the preliminary investigation stage. This stage is crucial for evidence collection and determining the direction of criminal proceedings. The role of the Public Prosecution is manifested through its supervisory authority over the investigative judge, its follow-up of judicial policing procedures, its mandatory attendance during investigations, and the submission of requests and observations that enhance due process guarantees.
The Code of Criminal Procedure No. (23) of 1971, along with the Public Prosecution Law No. (49) of 2017, has granted the Public Prosecution clear powers—most notably the right to object to decisions of the investigative judge, oversee the legality of arrests and detentions, and monitor the rights of detainees. The Public Prosecution thus performs a complex dual function: representing public interest, safeguarding public order, and overseeing the proper application of the law.
This study reveals that, despite its importance, the Public Prosecution’s role faces several challenges, including limited human resources and ambiguity in the boundaries of intervention in some cases. These issues call for legislative and administrative reform to enhance judicial oversight, ensure a balance between the Public Prosecution’s authority and the independence of the investigative judge, and uphold fair trial guarantees