The College of Law at the University of Baghdad discussed a Master’s thesis entitled “Malicious Litigation in Criminal Proceedings under Iraqi Law—A Comparative Study” by the student Duaa Abd Kazem, from the Department of Criminal Law. The discussion took place on Monday, June 30, 2025, in the college’s conference hall.
The examination committee consisted of the following members:
1. Prof. Dr. Alaa Abdul-Hussein Jabr – Chairman
2. Dr. Nawar Daham Matar – Member
3 . Asst. Prof. Dr. Nada Abd al-Kadhim – Member
4. Asst. Prof. Dr. Qaed Hadi Dahesh – Member and Supervisor
The thesis aimed to shed light on the phenomenon of malicious litigation, which is considered one of the most dangerous practices due to the serious harm it causes to individuals through the filing of false lawsuits and taking vindictive legal actions. This phenomenon also undermines the integrity and fairness of the judicial system. The study sought to examine the effectiveness of existing legal provisions related to this issue.
The thesis was divided into three chapters:
•The first chapter addressed the legal provisions governing malicious litigation.
•The second chapter focused on the liabilities arising from malicious litigation.
•The third chapter explored preventive and remedial measures for malicious claims.
The thesis concluded with several key recommendations, the most important of which include:
1. The Iraqi legislator should adopt a preventive criminal policy that includes the explicit criminalization of malicious litigation, either through independent penal provisions or by including it under crimes against justice or abuse of the right to litigation.
2 . The Iraqi legislator should activate effective and legitimate means for individuals to claim their rights so they are not driven to use improper legal tools, as many malicious lawsuits stem from an attempt to claim a right through the wrong channel.
3. It is recommended that the Iraqi legislator introduce a mechanism that prevents individuals proven to be repeatedly involved in malicious lawsuits from filing new claims without prior judicial approval.
