The Competent Authorities for Investigating Juvenile Cases under Iraqi Legislation: An Analytical Study

Abstract

This study examines the authorities responsible for investigating juvenile cases under Iraqi legislation and evaluates the adequacy of the legal framework governing their powers in light of the special nature of juvenile offenders. Because juveniles possess distinct developmental, psychological, and social characteristics, they require legal procedures different from those applicable to adults.

The study analyzes the jurisdiction of the Juvenile Investigative Judge, Public Prosecution members, Judicial Investigators, and Judicial Police Officers under the Juvenile Welfare Law No. (76) of 1983, the Iraqi Code of Criminal Procedure, and other relevant legislation. It also highlights the main shortcomings, including the multiplicity of investigative authorities, insufficient specialized training, and the organizational challenges facing the Juvenile Police.

Using the descriptive-analytical approach, the study analyzes the relevant legal provisions and jurisprudential opinions. It concludes that, although Iraqi legislation has designated specialized authorities to investigate juvenile cases, practical implementation still reveals deficiencies, particularly regarding effective specialization and the professional qualification of investigative personnel. The study recommends strengthening specialization in juvenile justice and improving the training of judicial and investigative personnel.