الأساس القانوني لقيد اذن المرجع الإداري

Abstract EN

The brocedural penalty rules are the link between the criminal case the assigned punishment to regain the rights of both the offended and the society.

Accordingly, the penalty case is the means by which the society punishes the offender and initiates the legal process of finding evidences and attributing the crime of the accused person.

The essence of the legal procedure provides the public prosecutor, as a depute of the society, with the right to initiate the legal process in order to attribute a crime to the offender.

However the public prosecutor is not free to initiate such a process.

Indeed, the legislator has put three restrictions to deter this greedom, namely, the criminal case, demand, and authorization.

The third restriction, authorization, has been put by the Iraqi legislator to maintain vital governmental interests which are more significant than the legislator, s interest in assigning a punishment for a crime.

To remove such a restriction, the affected body has to present a request to the body that represents that accused and the latter holds the right whether to reject the request or accept it.

Accordirgly we intend in this paper to study the legal basis for the administerial body, s authorisation restriction.

To thoroughly explain the texts tackling the authorisation restriction, this paper is divided into three secitions.

The first section is dedicated to study the legal basis of the authorization restriction as it exists in constitutions.

the second one explores the legal basis of the authorization restriction in penalty laws.

As for the third one, it investigates the legal basis of the authorization constitutions in sbecial laws.