The relationship between the criminal and civil liability of a public employee

Authors

  • Asst. Lect. Raad Kazem Al-Jasani University of Religions Author

DOI:

https://doi.org/10.31185/wjfh.Vol20.Iss3.611

Keywords:

criminal liability, civil liability, public employee.

Abstract

The public employee exercises various types of auxiliary and control activities in performing the duties assigned to him. In the exercise of this activity, he may cause harm to others arising from an act he initiates or causes, or from those under his supervision, or from objects under his guard. Harm may arise from abstaining from an act required by law when... The law intervenes to impose a penalty on those who inflict harm on others, and it is a penalty imposed within the scope of legal liability. However, this liability varies in terms of forms and differs in nature. Either it is decided by the penal law and it is called criminal liability.

  The importance of this study is to show the degree of independence that exists between criminal and civil responsibility and the effect of the procedures followed during the exercise of criminal follow-up on employees on disciplinary responsibility, as well as to understand the validity of the criminal rulings obtained by the disciplinary authorities and the impact of the emergence of penalties and disciplinary responsibility on the job relationship of employees, and that To enlighten the categories of employees covered by the Civil Service Law regarding the disciplinary measures taken against them. Incidents of professional error that may lead to criminal and civil liability.

The research aimed to reveal knowledge of the concept of criminal and civil liability of a public employee and the relationship between the two responsibilities.

To achieve the research, the researcher identified in the first section the basic elements of the research, which are the research problem, its importance, its objectives, and the definition of its terminology. As for the second section, it dealt with the establishment of criminal and civil liability for the public employee and concluded the research with a conclusion that included the results and recommendations of the research.

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References

Abdel Hamid, Nisreen, (2009) Traditional and New Economic Crimes, 1st edition, Modern University Office for Publishing and Distribution, Alexandria,.

Al-Ajili, Hassan Sadiq Abboud, (2023) criminal liability arising from the use of artificial intelligence innovations in medical work, an analytical study, Wasit Journal for the Human Sciences, 54 (19), 1-27.. https://doi.org/10.31185/.Vol19.Iss54.384

Al-Awji, Mustafa, (1992) General Criminal Law and Criminal Liability, 2nd edition, Nofal Publishing and Distribution Foundation, Beirut,.

Al-Farahidi, Al-Khalil bin Ahmed, (2005) : Al-Ain, 1st edition, Dar Al-Kutub Al-Ilmiyya for Publishing and Distribution, Beirut,.

Al-Haidari, Jamal Ibrahim,( 2013) Provisions on Criminal Liability, 1st edition, Zain Legal Publications, Beirut,.

Al-Issawi, Ahmed Zaghir Anonymous,( 2013) Criminal Liability for Employees’ Failure to Implement Judicial Rulings, Master’s Thesis, University of Babylon, College of Law,

Al-Jawhari, Ismail bin Hammad, (1991) Al-Sihah Taj Al-Lughah wal-Sihah Al-Arabiya, 4th edition, Dar Al-Ilm Lil-Malayin, Beirut,.

Al-Laithi, Muhammad Saeed,( 2009) The administration’s refusal to implement the administrative rulings issued against him, 1st edition, Dar Al-Nahda Al-Arabiya for Publishing and Distribution, Cairo,.

Al-Tamawi, Salman Muhammad,( 1987) Administrative Judiciary, Disciplinary Judiciary, A Comparative Study, 1st edition, Dar Al-Fikr Al-Arabi for Publishing and Distribution, Cairo,.

Al-Zamakhshari, Mahmoud bin Amr,( 1998) The Foundation of Rhetoric, 1st edition, Dar Al-Kutub Al-Ilmiyya for Publishing and Distribution, Beirut,

Bassiouni, Abdul Raouf Hashim Muhammad,( 2008) disciplinary crime and its relationship to criminal crime, 1st edition, Dar Al-Fikr Al-Arabi for Publishing and Distribution, Beirut,

Bin Faris, Ahmed bin Zakaria Al-Qazwini, (1978), Dictionary of Language Standards, edited by Abdul Salam Muhammad Haroun, Dar Al-Fikr Publishing, Beirut,.

French Penal Code No. 82, Paris, 1982.

Hassan, Abdel Fattah,( 1975) Discipline in Public Service, 1st edition, Arab Nahda Publishing and Distribution House, Cairo,

Hussein, Haider Jassim Muhammad,( 2013) the criminal liability of an unintentional wound for his professional actions in Iraqi legislation, Master’s thesis, University of Karbala, College of Law,

Ibn Manzur, Muhammad bin Makram,( 1993) Lisan al-Arab, 3rd edition, Dar Sader for Publishing and Distribution, Beirut,

Iraqi Inclusion Law No. 12, Baghdad, 2006

Iraqi Penal Code No. 111, Baghdad, 1969.

Iraqi State and Public Sector Employees Discipline Law No. 14, Baghdad, 1991.

Kanaan, Kanaan Nawaf,( 2007) Administrative Law, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Amman,

Manasra, Issa Muhammad Issa,( 2012) Administrative Discipline in the Public Service and the Extent of Its Affect by the Criminal Judgment, 1st edition, Cairo University Press, Cairo,

Muhareb, Ali Jumaa,( 2004) Administrative Discipline in Public Service, A Comparative Study, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Amman,

Mustafa, Mahmoud Mahmoud,( 1999) Explanation of the Penal Code, General Section, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Alexandria,

Nassif, Nashat Ahmed,( 1999) the crime of defaming an employee or person charged with a public service, a comparative study, Master’s thesis, University of Baghdad, College of Law,

Othman, Muhammad Mukhtar,( 1984) Disciplinary Crime between Administrative Law and the Science of Public Administration, 1st edition, Arab Union Printing House, Cairo,

Qarin, Amal, (2016)The Criminal Liability of the Public Employee, Master’s Thesis, Akli Mohand University, Faculty of Law, Algeria,

Rahmawi, Kamal,( 2004) Disciplining the Public Employee in Algerian Law, 1st edition, Houma Publishing and Distribution House, Algeria,

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Published

2024-07-01

Issue

Section

Law and political sciences

How to Cite

Raad Kazem Al-Jasani, R. (2024). The relationship between the criminal and civil liability of a public employee. Wasit Journal for Human Sciences, 20(3), 598-583. https://doi.org/10.31185/wjfh.Vol20.Iss3.611

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