The Effectiveness of the Executive Authority in Social Crime Prevention: A Study in Iraqi Legislation

Abstract

Abstract: This study, employing a descriptive and analytical approach, explores the institutional and structural functions of the executive authority within the Iraqi legal system in the area of ​​social crime prevention. With the radical shift in contemporary criminal policy and the move beyond purely punitive approaches, the state's role has shifted from reactive and repressive measures to proactive and developmental interventions. In Iraqi society, crime is not merely a deliberate violation of the law, but rather a structural phenomenon resulting from economic crises, a rentier economy, social inequalities, and the weakness of socialization institutions such as the family and school. The findings indicate that although the 2005 Constitution guarantees fundamental rights and social welfare for citizens, the dominance of traditional punitive approaches under the 1969 Penal Code hinders the full effectiveness of these guarantees. Furthermore, the absence of a supreme national coordinating body, the dominance of the political quota system within the administrative structure, and the politicized use of parliamentary oversight tools such as parliamentary inquiries lead to instability in executive institutions and the inability of service ministries to address the root causes of crime. Institutions such as the Ministry of Labor and Social Affairs, the Ministry of Education, and community policing require administrative stability and sustainable budgets to function as a first line of social defense. The study concludes that reducing crime in Iraq requires a shift in the executive branch's approach from managing emergency security crises to proactive development planning. Establishing the National Council for Social Prevention, affiliated with the Prime Minister, safeguarding welfare budgets from economic fluctuations, strengthening the institutional role of community policing, and implementing e-governance to combat bureaucracy and corruption are among the key strategies for transitioning from traditional criminal justice towards achieving sustainable social security within the Iraqi administrative system.