Legal means to protect public funds in Iraq

Abstract

Abstract: The research explores the meaning of public funds and points to the traditional division of state funds into public and private, with public funds enjoying distinct protection over private funds. This division was then abandoned, and a move was made to avoid differentiating between the two types of state funds for the purposes of constitutional, criminal, and civil protection. The research also sheds light on the nature of the state's right to its public funds. Some have denied that the state has a right to ownership, describing it as merely a right to preserve and protect. Another view is that it is a right to ownership, which is what the research adopted for the reasons stated therein. The research also addressed the position of Iraqi law on this matter and on the legal protection of state funds in Iraq's various constitutions and penal and civil laws, while pointing out loopholes in these laws, some of which may be used to attack state funds. This is intended to strengthen legal protection of these funds in this particular circumstance, in which corruption has spread to various sectors of the state and its funds have become vulnerable to attack and theft in various areas in Iraq.