Public Prosecution Authority in Civil Judiciary

#Know_your_right_and_your_law️

The jurisdiction of the Public Prosecution in civil courts

Prepared by Lawyer Yahya Ali Al-Jarfi

There is a lot of confusion and disagreement when filing a complaint and after the investigation into whether there is a criminal aspect, especially since it has become customary when a complaint is filed with members of the Public Prosecution to direct the judicial police to gather evidence and submit it if a criminal aspect is found.

This prompted us to clarify the civil aspects that fall within the jurisdiction of the Public Prosecution.
It is established from the legal texts, whether in the Civil and Commercial Procedures Law or the Law Establishing the Public Prosecution, that there is a civil aspect that falls within the jurisdiction of the Public Prosecution, and it is its duty to investigate it and file a lawsuit regarding it before the civil court, just as the procedures for investigation and prosecution are taken and a criminal lawsuit is filed before the criminal court.

The Civil and Commercial Procedure Code and the Public Prosecution Establishment Law have set forth a number of civil powers assigned to the Public Prosecution to investigate and bring cases before civil, personal, and commercial courts, in its capacity as public prosecutor, representative of society, and primary guardian of defense, which the legislator was keen to regulate to protect public order.

Article (8) of the Public Prosecution Establishment Law states: “In matters other than crimes, the Public Prosecution shall file Hisbah lawsuits and all public lawsuits and shall pursue them in everything that is considered in Islamic law to be public rights if the right has no guardian to fulfil it, and in these cases it shall have the same rights as the litigants.”
Article (126) of the Civil Procedure Law stipulates that “the Public Prosecution may file a lawsuit or intervene in it in the cases stipulated by law, and it shall have the same rights as the litigants and shall have the same duties as them, except what is excluded by a special provision. It may file lawsuits pertaining to minors, those lacking legal capacity, or those with diminished legal capacity, or intervene in them if they do not have a guardian or trustee, as well as absentees, missing persons, and other legal claims.”

The law has organized the cases of the Public Prosecution’s intervention before the civil judiciary between mandatory cases and optional cases. These powers can be summarized according to the cases referred to as follows: