Breach of Procedural Law Enforcement Officers (A Comparative Study)

Abstract

This research addresses the phenomenon of procedural misconduct committed by judicial auxiliaries — a subject that lacks sufficient doctrinal grounding despite its profound consequences for the integrity of litigation and the guarantees of a fair trial. The research problem centres on the adequacy of the Iraqi legal framework in regulating the conduct of judicial auxiliaries and curbing their procedural breaches, and on whether this framework suffers from a legislative gap that necessitates reform. The study relies primarily on the comparative analytical method, examining legislative texts and judicial precedents in Iraqi, Egyptian, Emirati, and French law, alongside the descriptive method. The research concludes that a legislative gap exists in Iraqi law that cannot be filled by general rules alone, in contrast to the more detailed regulatory frameworks found in comparative jurisdictions. It recommends amending the Civil Procedure Law by introducing explicit provisions that define and criminalise vexatious litigation, enacting an independent law on judicial expertise, and adopting an authenticated electronic notification system to narrow the scope of formally valid yet substantively void notifications.