Law Office ofAli Barakat
Integrity Commission and Illicit Gain

Integrity cases versus ordinary criminal complaints

In briefA corruption case is a criminal case concerning offences listed in article 1 of the Integrity Commission and Illicit Gain Law, such as bribery, embezzlement and theft of state funds; it starts with a report and the Commission's investigative jurisdiction takes priority. An ordinary criminal complaint covers offences some of which can only be prosecuted on the victim's complaint within three months of learning of them, under articles 3 and 6 of the Criminal Procedure Law. The decisive test for jurisdiction is the legal description of the act, as the Federal Court of Cassation has decided.

Some people come to the office wanting to file an "integrity complaint" against a private company that breached a contract; others want an "ordinary complaint" against an official who asked for something in return. In both cases the chosen route may be the wrong one. The office of lawyer Ali Barakat in Baghdad compares the two routes so it is clear which applies to the facts.

Starting point: the type of offence

An integrity case, under the third paragraph of the first article of the Integrity Commission and Illicit Gain Law, is a criminal case concerning specific offences: theft of state funds, bribery, embezzlement, illicit gain and officials exceeding the limits of their posts, under specified Penal Code articles, plus corruption in certain organisations and unions, private-sector bribery connected with the public sector, and bribery of foreign officials.

An ordinary criminal complaint covers all other offences: fraud and breach of trust between individuals, assault, threats, ordinary theft and so on. Its general route is explained on criminal complaints.

Who starts the case?

The first article of the Criminal Procedure Law provides that a case starts with a complaint from the injured party, a person acting for him or her, or anyone who learns of the offence, or with a report from the public prosecution. But the third article lists offences that can only be prosecuted on the victim's complaint, including defamation, insult, threats and assault where not committed against a person in public service on duty; theft, breach of trust and fraud between spouses, ascendants and descendants; damage to property other than state property without aggravating circumstances; and entering cultivated land.

Corruption offences are not on this list, so they are started by a report from anyone under article 47, and an official who learns of them at work must report them immediately under article 48.

The complaint deadline

The sixth article provides that a complaint for offences in the third article is not accepted after three months from the day the victim learned of the offence or a compelling excuse ended, and the right lapses on the victim's death. This period does not apply to corruption offences because they are not complaint offences.

The investigating body

In an ordinary complaint, the investigative judge investigates personally or through investigators or the police. In a corruption case, article 11 of the Commission's law gives the Commission investigative jurisdiction with priority over other bodies including the internal security forces; the investigative judge notifies the Commission's legal department when an investigation opens, and the Commission is a party, under article 14. See the investigation route in integrity cases.

Effect of withdrawal

The second article of the Criminal Procedure Law provides that a case may not be stopped, delayed or withdrawn except in the cases set by law. Paragraph (a) of article 130 allows the investigative judge to reject the complaint and close the case finally where the complainant withdraws and the offence is one that may be reconciled without the judge's approval. Corruption offences concern public money, and the Commission is a party by law, so one person's withdrawal is not enough to close the case.

The competent court

Corruption cases are heard by investigative and felony courts designated for integrity cases. The enlarged criminal panel of the Federal Court of Cassation decided in decision 11/2020 that a complaint against a private company contracted by a state bank over supplies that did not meet specifications did not fall within the concept of corruption in the first article, so it moved from the integrity court to the ordinary investigative court. The courts are covered on integrity courts and what they hear.

Comparison table

IssueIntegrity caseOrdinary complaint
OffencesLimited to article 1 of the Commission's lawAll other offences
Starting the caseA report from anyoneA complaint; some only on the victim's complaint
DeadlineThe three-month period does not applyThree months for complaint offences
InvestigationCommission investigators under the judge, with priorityInvestigative judge, investigators and police
Effect of withdrawalDoes not close the caseCloses it for offences reconcilable without the judge's approval

Legal basis and sources

  1. Integrity Commission Law No. 30 of 2011 as amended, articles 1, 11, 13 and 14 (Official Gazette, issue 4217 of 14/11/2011)
  2. Criminal Procedure Law No. 23 of 1971, articles 1, 2, 3, 6, 47, 48 and 130 (Official Gazette, issue 2004 of 31/5/1971)
  3. Federal Court of Cassation, decision 11/enlarged criminal panel/2020

Frequently asked questions

A private company breached a contract with a state department. Is that an integrity case?

It depends on the legal description: the Federal Court of Cassation did not treat a contractual breach alone as corruption in decision 11/2020, while bribing an official to win the contract falls within the first article.

Should I file within three months to be safe?

For offences in the third article, yes, because a complaint is not accepted afterwards. Reporting is covered on reporting a corruption offence.

I withdrew my complaint against an official who took a bribe. Is the case closed?

Bribery is a corruption offence whose prosecution does not depend on a complaint, so withdrawal alone does not close it.

Always check the text in force and its amendments in the official source.

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