Keywords : the administrative investigation


The impact of the criminal judgment on the administrative investigation

Deaa .A.Ali; Ahmad. A.Mohammad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 397-413

Sometimes the administrative offense committed by the employee constitutes a crime or a criminal offense mentioned in the Penal Code. Here, the investigative committee is formed by order of the minister or the head of the department based on the law of discipline of state employees and public sector No. 14 of 1991, The truth and the disclosure of the circumstances in preparation for the issuance of a resolution true and identical to reality And here appears the relationship between the administrative investigation and the criminal rule that will be issued in the end and raises the subject of many of the issues that need to focus and discuss and try to find solutions, and this is not a conclusion from us, but the disputes brought before the judiciary confirms this, which calls for research in this The subject, in the event that the employee committed an administrative error carrying a crime, it is not logical to keep him in the public service because it poses a danger to the interests of the state And harms the reputation of the General Facility, especially if the crime committed is so serious as to jeopardize the public interest of the State and individuals. This problematic issue raises the question of the extent of the effect of the penal judgment, whether acquitted or convicted, which was reached by the criminal courts based on the facts and the circumstances of the case Carried out by the investigative committee before referring the employee to the criminal courts and the extent to which it affects the fate of the employee convicted of an act that is contrary to the law .