Judicial Control in the Field of Environmental Protection in Iraqi Law (Comparative Study with Algerian Law)

Abstract

Judicial control is important in revealing the crime and investigating its perpetrators and the evidences that prove its commission in accordance with the law. With regard to environmental crime, there should be members of the judicial police who have knowledge and experience that qualifies them to detect and investigate it and who committed it and prove this through technical methods before the judiciary in order to impose punishment on whoever commits the environmental crime. The environment is free from pollution, so that it is a deterrent to others and prevents them from committing it, thus protecting the human right to live in a clean environment which is guaranteed by various constitutions including the Iraqi Constitution of 2005.

Members of the judicial police often face difficulty in detecting environmental crime due to their lack of experience or lack of technical devices and equipment necessary for this. Since the environment is one of the values that the legislator seeks to protect and preserve, it has issued legislation to guarantee this protection, so the task of judicial police is entrusted in the field of The environment includes members of a special judicial police, and their tasks are defined in special legislation, in addition to their tasks specified in the Code of Criminal Procedure.