جريمة الإخلال بتنفيذ العقود العامة في التشريع العراقي

Abstract

Public

contracts are one of the state’s means of satisfying the various types of needs of its citizens, so the penal legislator sought to place them under criminal protection to protect them from assault, which at the same time represents an assault on the state’s status and prestige, and on public funds allocated for the public benefit of citizens, by criminalizing infringement of these contracts. This study aims to highlight the aspects of criminal protection for public contracts with the aim of arriving at an assessment of this protection in light of the spread of various corruption crimes and their spread in all aspects of political, economic and social life. Which arises as a result of the private interest conflicting with the public interest, and it does not require that the interest achieved or to be achieved be for the perpetrator, as it may be for someone else. Finally, knowing the adjective role of the offender in committing crimes in the field of public contracts, which is mostly the status of a public employee or person charged with a public service or the status of a contractor with a government agency. Therefore, the researcher sought to address the crime of breach of implementation of public contracts in Iraqi legislation and contained in the Penal Code in both its forms. Violation of implementation in times of war and violation of the freedom and integrity of bidding and public tenders.