The Impact of the General Amnesty on Public office Work A Comparative Study of Iraq and Tunisia

The issue of the impact of the general amnesty on the employee’s job position in Iraq is extremely important and sensitive to its connection to the employee’s legal position, because the trust granted to the employee is conditional on not misusing it, and the legislator subjected him to a disciplinary system within the limits of his job in the event of prejudice to his job behavior, as it requires from the public employee honesty and loyalty  And trust in the exercise of his job duties, these qualities may interfere with types of crimes, which leads to a disciplinary or disciplinary judgment on the employee, or both, and he is excluded from the public job as an effect of that judgment, as the disciplinary punishment is subordinate to the criminal punishment, so the problem is the extent of compatibility between the requirements of  The public office and the convict’s right to live by means of the public office, as well as the conflict between the administration’s right to purge its administrative apparatus of those with criminal precedents and those who have been executed from enjoying the privileges of rights granted by the public office, and a general amnesty law may be issued by the legislative authority, and it appears  The importance of the impact of the job position of the public servant, when the public servant is covered by the provisions of the amnesty, and does the general amnesty include all jobs or specific jobs?  Does it include all original, accessory and supplementary penalties?  Or some specific penalties?  Does the amnesty extend to disciplinary punishment?  In order to answer these problems, I will follow the analytical descriptive methodology, which is based on the analysis of the relevant legal texts. Through the research, we reached some results, including:

 The general amnesty law is not envisaged to include all crimes and persons from being subject to its provisions in the event of its issuance, as the Iraqi legislator did in the amnesty law No. (27) of 2016.

 The effect of a general amnesty on the termination of the employment relationship is that the principle is that it does not affect the termination of this relationship for which a disciplinary penalty is imposed unless it is stipulated in a law or decree of amnesty for that, but if the termination of the job relationship was carried out with an accessory or complementary penalty, then the general amnesty  It includes them without the need to expressly stipulate it.

   It is necessary to amend the provisions of the constitution by addressing the provisions of the general amnesty in order to maintain the stability and stability of this law and not to be confused in the issuance of general amnesty laws, in addition to the necessity of developing a law in Iraqi legislation that is compatible with the requirements of the public service and the developments of the modern era.