The responsibility of the Public Prosecution for not initiating public rights cases

Abstract

Abstract: The Public Prosecution is one of the fundamental pillars of criminal justice, entrusted with the task of maintaining public order and protecting society from crime by representing the public interest before the courts. The Iraqi Constitution and applicable laws, particularly Public Prosecution Law No. (49) of 2017, stipulate a number of duties incumbent upon this body, foremost among which is the initiation and pursuit of criminal proceedings when a criminal act is committed against society, without waiting for a complaint from the victim or the aggrieved party. However, in practice, there are sometimes unjustified delays or failures to initiate public prosecutions, which raises fundamental questions about the extent of the Public Prosecution's responsibility in such cases and the legal consequences of inaction or negligence in performing this role. Should the public prosecutor be held accountable for failing to initiate criminal proceedings in cases that require immediate intervention? Can this failure be considered a breach of duty, giving rise to legal or disciplinary liability?