GJPI Translation (of original from CoR website)
In the Name of the People
Presidency Council
Based on what the Council of Representatives passed under the provisions of Clause
One of Article Sixty-First of the Constitution,
Pursuant to the provisions of Clause (Fifth/A) of Article One-Hundred Thirty-Eight of
the Constitution,
The Presidency Council decided in its session held on 2/11/2006 to promulgate the
following law:
Law No. 10 of 2006
Law Amending the Public Prosecution Law No. 159 of 1979
Article 1
Members of Public Prosecution in service are considered judges according to grades,
classes and seniority held by them at the time of promulgation of this Law, provided
that all provisions applied to judges shall be applicable to them and they will enjoy the
same rights and privileges as those of judges.
Article 2
Years of service, grades, classes and seniority of members of Public Prosecution covered
by the provisions of Article 1 herein shall be considered for the purposes of applying the
provisions of the Judicial Organization Law No. 160 of 1979.
Article 3
Members of Public Prosecution covered by the provisions of this Law shall continue
performing their duties set forth in the Public Prosecution Law No 159 of 1979.
Article 4
Clause One of Article (1) of the Law shall be amended to read as following:
“the protection of the State system, its security and organizations, safeguarding the high
interests of the people and preserving state properties”
Article 5
Clause Two of Article (1) of the Law shall be amended to read as following:
“Consolidation of the Federal Democratic System, protection of its foundations and
notions in the frame of observing the legitimacy and respecting the application of the
Law”
Article 6
Clause Three of Article (1) of the Law shall be amended to read as following:
“the contribute with the Judiciary and competent authorities to the speedy detection of
criminal offenses and to work on resolving cases quickly and to avoid postponing the
trials without justifications, especially with regard to crimes affecting and its federal
democratic system”
Article 7
Clause Two of Article (42) of the Law shall be amended to read as following:
A member of Public Prosecution shall practice his work after taking the following oath:
(I swear to Almighty God that I am going to perform the duties of my post to the fullest
proper standards, and I will adjudicate between people rightly and justly and I will apply
the laws honestly and neutrally and God be a witness to what I say)
Article 8
Clause Six of Article 49 of the Law shall hereby be rescinded.
Article 9
First: The terms “popular councils” and “social organizations”, wherever used in this
Law, shall hereby be replaced by “civil society organizations”
Second: The following phrases, wherever they are in this Law, shall be deleted. (Aims of
Revolution, Socialist Sector, Justice Council and Abu Ghraib)
Article 10
This Law shall enter into force as of the date of publication in the official gazette.
Justifying Reasons (Statement of Grounds)
Because the Public Prosecution Law No. 159 of 1979 was promulgated under the
previous regime and it was intended to express the bases and notions of that defunct
regime,
In order to give the Public Prosecution its legal role and to equal them professionally
speaking with judges to build the State of Law under the the permanent Constitution
and the Judicial Organization Law No. 160 of 1979, that provided for the uniformity and
equality between a judge and member of Public Prosecution,
Given that both have the competence to perform the duties of one another,
So as to have the members of Public Prosecution in service occupy judicial positions
contemplated by the Judicial Organization Law, as they enjoy the legal and scientific
competency,
For the purpose of having each one of them prepared to take over the tasks of the other
as required, which is a common practice in many Arab states,
And for all of the above, this Law has been legislated.
It was published in the Iraqi official gazette under No. 4028 on 13/11/2006.