The Criminalization of Harm to Public Properties Under the Iraqi Penal Code No.111 of 1969: A Comparative Study

Abstract

Public employees are considered the fundamental pillar upon which the state is built. They are the trustees of public interests and funds. They are responsible for the integrity of state agencies if they perform their duties properly, and they are responsible for the corruption of these agencies if they fail to perform their duties. Therefore, the crime of gross negligence in the performance of public office, or the crime of intentional and unintentional damage to state public funds and its affiliated interests, has been considered. Criminalizing damage to public funds in the field of public office represents a general trend in comparative criminal legislation. This legislation includes provisions criminalizing intentional and unintentional damage to state funds committed by a public employee or person charged with a public service if it results from gross negligence, a serious breach of the duties of the position, or an abuse of authority. These laws, including the current Iraqi Penal Code, recognize that a public employee's or person charged with a public service's failure to fulfill their duties toward the state and the people is no longer merely a violation of the regulations that necessitate disciplinary accountability alone, or sometimes civil accountability. Rather, it has become a criminal offense necessitated by the need to monitor the employee's behavior to serve the purposes and objectives of society. This is because public office is a public service. A national assignment and social service aimed at the public interest and serving citizens in light of applicable legal rules.