Criminal Protection of Public Contracts in Iraqi and Comparative Laws

Abstract

     This research examines the vital role of public contracts as legal instruments used by the state to manage public facilities, implement economic and service projects, and meet the basic needs of society. A public contract is not merely a contractual relationship between the administration and the contractor; rather, it is a tool for achieving the public interest, protecting public funds, and ensuring the regular and continuous operation of public facilities. This research also clarifies that breaches of public contracts affect the contracting parties and impact public trust in the administration, the efficiency of public spending, and the principles of transparency and equality among competitors. Furthermore, it points out that civil and administrative rules provide the administration with various means to address contractor breaches, such as contract termination, imposing late penalties, withdrawing work, and blacklisting. However, these penalties may not be sufficient when the breach takes on a criminal character, such as fraud, bribery, manipulation of specifications, and deliberate damage to public funds. Thus, the importance of criminal law intervention becomes apparent as an exceptional deterrent aimed at protecting the higher interests associated with public contracts, maintaining public order, and promoting integrity and transparency in the management of these contracts.