Document Type : Original Article

Author

Law Department، Law College، Garmian University، Kurdistan Region of Iraq

Abstract

The abstract of this research emphasized on the aspects of illegally or improperly obtaining criminal procedures which were carried out through public functions. We have focused on the attitude of the Legislators of the Kurdistan Region in organizing this aspect and we have identified shortcomings and compared with the laws and rules of other countries that have arranged the same topic so we have provided appropriate solutions. Then after we identified the parties, institutions, and administrations that will do this, we showed the way of working investigating, and examining this crime. We determined their authority, whatever it is about the statute of limitation we say because the legislator has arranged the sentences of this crime in a different way. Therefore, it was necessary to take account of this discrepancy and should be explained that the sentences of the statute of limitations were taking the crime of unlawful gain. To sum up, we emphasized how to prove this crime. And we've simplified the presumption of the rules and laws legislators have written and relied on to prove this crime, and we have made it clear that this presumption is not contrary to the legal principles that emphasized the assumption of human purity and into the constitution, ordinary laws and international documents.

Keywords