The impact of acquittal on public office in light of the provisions of Iraqi legislation and judiciary
DOI:
https://doi.org/10.31185/wjfh.Vol20.Iss4.737Keywords:
acquittal، public employee، job associationAbstract
The criminal liability of a public employee is reflected in his legal status as a public employee، whether a civil or military employee. When a criminal case is filed against him، the employer may withdraw his hand from work if the public interest requires that، or his hand may be withdrawn from work by force of law when the ruling is issued. By imprisoning him. In this last case، a portion of the imprisoned employee’s salary will be deducted، and the period of imprisonment will be counted as part of that employee’s service. This may affect the imprisoned employee’s entitlement to promotion in accordance with the controls contained in the relevant law.
The issuance of a final penal ruling convicting the employee may not result in the termination of his employment relationship، but it may be a reason for imposing a disciplinary penalty on him if the committed crime reveals the convicted employee’s violation and negligence in his job duties. This final penalty may amount to termination of service in accordance with The provisions of administrative responsibility and the authority of the employer to assess this، but the most serious impact of the penal ruling is that over which the administration does not have discretionary authority، as it will be imposed by force of law if its cause is achieved.
The research aimed to reveal the impact of the public employee’s acquittal on his disciplinary and civil responsibility and the validity of the acquittal.
To achieve the research، the student 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 impact of the acquittal of the public employee on his job association and the validity of the acquittal ruling. The research concluded with a conclusion that included the results and recommendations of the research.
Downloads
References
Abdel Gawad, Hossam Mahna Sadiq,( 2020) Procedural Effects of Civil Judicial Ruling, 1st ed., National Center for Legal Publications, Cairo,.
Abdul Karim, Khadir,( 2020) The Relationship between Disciplinary and Criminal Liability in the Framework of Legal Accountability of the Public Employee, Master's Thesis, Ahmed Draya University, Faculty of Law, Algeria,.
Abu Saad, Muhammad Shatta,( 1997) Innocence in criminal judgments and its impact on the rejection of the civil suit, Manshaat Al Maaref for Printing, Alexandria,.
Al Ahsan, Muhammad,( 2016) The legal system of discipline in the public service, a comparative study, PhD thesis, Abu Bakr Belkacem University, Faculty of Law,.
Al Ahsan, Muhammad,( 2012) The relationship between judicial follow-up and disciplinary punishment for the public employee, Master's thesis, Abu Bakr Belkaid University, Faculty of Law, Algeria,.
Al Marsafawi, Hassan Sadiq,( 1988) Civil Suit before the Criminal Court, Manshaat Al Maaref, Alexandria,.
Al Najjar, Zaki Muhammad,( 2004) Reasons for Termination of Service for Government and Public Sector Employees, 1st ed., Dar Al Fikr Al Arabi for Publishing and Distribution, Cairo,.
Al Nusayrawi, Ruwa Razzaq, (2023), Legal Protection for Faculty Members, Lark Journal of Philosophy, Linguistics and Social Sciences, 15(3), 315-335 : https://doi.org/10.31185/lark.Vol2.Iss50.3060
Al-Aizari, Abdullah bin Saeed,( 2006) The Authority of the Criminal Judgment before Disciplinary Boards, Master's Thesis, Naif University for Security Sciences, Faculty of Law, Riyadh,.
Al-Azhari, Muhammad ibn Ahmad,( 2001) , Tahdhib al-Lugha, 1st ed., Dar Ihya al-Turath al-Arabi, Beirut,.
Al-Farahidi, Khalil bin Ahmed,( 2005) Al-Ain, 1st ed., Dar Al-Kutub Al-Ilmiyyah for Publishing and Distribution, Beirut,.
Al-Saeed, Muqaddam,( 1985) Compensation for Moral Damage, 1st ed., Dar al-Hadatha for Publishing, Beirut,.
Al-Sheikhly, Abdel Qader Abdel Hafez,( 1983) Disciplinary Law and Its Relationship to Administrative and Criminal Laws, 1st ed., Dar Al Furqan for Publishing, Amman,.
Al-Tamawi, Suleiman Mohamed,( 1987) Administrative Judiciary Disciplinary Judiciary A Comparative Study, 1st ed., Dar Al Fikr Al Arabi for Publishing and Distribution, Cairo,.
Arabi, Ali Zaki, ( 1982) Basic Principles of Criminal Procedure, Printing Press of the Committee for Authorship, Translation and Publication, Cairo,.
Asfour, Muhammad, ( 2001) The Crime of the Public Employee and Its Impact on His Disciplinary Status, 1st ed., Dar Al Nahda Al Arabiya for Publishing and Distribution, Cairo,.
Bakr, Mustafa, ( 1986) Disciplining State Workers, 1st ed., Dar al-Fikr al-Hadith for Publishing and Distribution, Cairo,.
Bin Faris, Ahmad ibn Zakariya,( 1979) Dictionary of Language Standards, edited by Abd al-Salam Muhammad Harun, Dar al-Fikr for Publishing, Beirut,.
Hosni, Mahmoud Najib,( 1977) The Power of the Criminal Judgment in Terminating the Criminal Case, 2nd ed., Dar al-Nahda al-Arabiyya for Publishing, Cairo,.
Ibn Manzur, Muhammad bin Makram (1993), Lisan Al Arab, 1st ed., Dar Sadir for Publishing and Distribution, Beirut,.
Ibrahim, Wahid Mahmoud,( 1998) The authority of the criminal judgment on the disciplinary suit, a comparative study, Dar Al Nahda Al Arabiya for Publishing, Cairo,.
Jaafar, Ali Muhammad,( 2004) Explanation of the Principles of Criminal Trials, 1st ed., University Foundation for Publishing, Beirut,.
Kanaan, Kanaan Nawaf,( 2007) Administrative Law, 1st ed., Dar Al-Thaqafa for Publishing and Distribution, Amman,.
Mansour, Shab Toma,( 1980) Administrative Law, 1st ed., Dar Al Iraq for Publishing and Distribution, Baghdad,.
Muharab, Ali Juma,( 2004) Administrative Discipline in the Public Service: A Comparative Study, 1st ed., Dar Al Thaqafa for Publishing and Distribution, Amman,.
Mukhtar, Muhammad Othman,( 1973) Disciplinary Crime between Administrative Law and Public Administration Science, 1st ed., Dar Al Nahda Al Arabiya for Publishing and Distribution, Cairo,.
Salama, Mamoun Mohamed,( 1992) Criminal Procedures in Egyptian Legislation, Dar Al Nahda Al Arabiya, Cairo,.
Shaheen, Maghawry Mohamed,( 1974) Disciplinary Accountability of Civilian Workers in the State and Public Sector, 1st ed., Alam Al Kotob for Publishing and Distribution, Beirut,.
Shantawi, Ali Khattar,( 1998) Studies in Public Service, 1st ed., Dar Al Thaqafa for Publishing and Distribution, Amman,.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 م.م.همسة جاسم محسن الحسيناوي
This work is licensed under a Creative Commons Attribution 4.0 International License.
