Federal Supreme Court ruled unconstitutional (9) articles of The Public Prosecution Law No. (49) of 2017

Baghdad/ Media of the Federal Supreme Court

   The Federal Supreme Court judged in case number 112/Federal/2021 on 9/11/2021 that several articles listed in the 2017 Public Prosecution Law numbered 49 were unconstitutional.

The Federal Court judged that the term "financially and administratively independent" in section (1st) of Article 1 was unconstitutional.

Item (2nd) of the article (1) is unconstitutional as well.

The court also judged that the term "and the prosecutors’ assistants" in section (1st) of Article 3 was unconstitutional.

Also, the words (for four years) and the words "renewal may be made once based on a proposal from the Supreme Judicial Council and the approval of the Council of Representatives" are listed in item (1st) of Article 4.

It judged that the term (for four years renewable once) listed in item (2nd) article 4 was unconstitutional.

It also judged that the phrase (or lawyers or jurists under the age of 50 with experience in their field of work and for at least 10 ten years) listed in item (3rd) of Article 4 was unconstitutional.

The Federal Supreme Court also judged that item  (7th/1, 2, and 3) of Article 4 was unconstitutional.

The court judged that items (12th, 13th, and 14th) of article (5) were unconstitutional.

It also judged that the phrase "and to the Council of Representatives" listed in item (2nd) of article 13  was unconstitutional.

The court decided to dismiss the plaintiff's case, the president of the Supreme Judicial Council/ being in this capacity to challenge the unconstitutionality of the rest of the above-mentioned articles of the public prosecution law.