Criminal Policy for Malicious Complaints: A Comparative Study between Iraqi and French Legislation

Abstract

This article focuses on how to balance the constitutionally guaranteed right to litigation with protecting individuals and the judiciary from malicious abuse. Through an analysis of procedural texts and judicial applications in Iraqi legislation, it becomes clear that the effectiveness of this approach depends primarily on scrutinizing reports during the preliminary investigation phase and activating the role of the investigating judge before resorting to coercive measures. The study also highlights the precise distinction established by the Court of Cassation between release due to insufficient evidence and proven malicious intent, which warrants prosecution. It further emphasizes the right of the aggrieved party to compensation and concludes by stressing the need to enforce the legal oath and expand investigative procedures to curb malicious reports.

Keywords: Criminal policy, malicious complaint, preliminary investigation, discriminatory judiciary, compensation.