Criminal protection of Licensing and Privilege Provisions to Deal with Works in undertaking the Collective Use of Public Funds Iraq as a Model (Comparative Study)

Abstract

The general principle states that public funds are funds designated for public benefit or for direct use by the public or for public facilities. This means that they are subject to a legal system different from that which governs private funds in civil law. Consequently, the legal system for public funds is primarily an administrative system dedicated to the protection of this type of funds. This is due to the prohibition of disposing of them, seizing them, or acquiring them through prescription; considering that civil law includes provisions governing this legal system for public funds. Nevertheless, these rules in civil law remain administrative rules belonging to the study of administrative law.

       Except that these funds, in order to achieve their intended purpose, must have the criminal protection that aligns with the objectives of the criminal legislator from both a substantive and procedural standpoint, especially since they may be subject to assaults manifested in various criminal acts. This is particularly true for funds designated for public benefit and collective use by the public, where the administration takes certain legal measures and grants licenses or commitments to ordinary individuals to provide services and benefits from these public funds in exchange for fees paid to the state, as is the case in organizing economic sectors, such as professional and craft sectors, for example; this is done through licensing and granting privileges for engaging in private works in the collective use of public funds.