Administrative investigation and guarantees of the right of defense for the accused employee: (A comparative study in Iraqi, Lebanese and Tunisian law)

The employee, who is the moral and public figure that represents the building of the state, and without it, no state can be built, and the importance of the employee’s presence in all institutions requires his selection with precision and great care, so we find that whoever applies for the job will face many conditions and privileges until he passes the test to obtain the permanent job His life in order to gain experience in order to serve individuals and the state, so any violation he commits must be confronted with the accusation attributed to him and he enters the investigative procedures and he must clear his name of any accusation against him. The location of the defect and the credibility of the employee from violating the laws, instructions or decisions ordered by the public administration, and through this study, in which we will discuss the administrative investigation procedures and the guarantees of the accused employee and his right to defend himself, the choice was made in comparison to the countries of Iraq, Lebanon and Tunisia, and what requires us is to show The laws of those countries and in their private and public laws, and the guarantees that the constitutions of those countries hold for the accused employee, and what are the administrative investigation procedures in each country and who are those authorities Concerned with referring to the administrative investigation, and how to base the principle of the accused’s innocence until proven guilty. And the approach that we will use in our study is the comparative analytical method, for the legal texts related to the administrative investigation and the guarantees for the employee when conducting the investigation, and comparing the Iraqi law with the Lebanese and Tunisian law, and through previous studies, which showed through previous research and what we will conclude from our modest study. To achieve the previous objectives, the study relies on the analytical method. Here, we find that the guarantees, according to the laws of each of the countries of Iraq, Lebanon and Tunisia, are in the form of texts that are not subject to interpretation. As for the investigation procedures, they must be better so as to preserve the reputation of the public employee and fortify the public position. The investigation procedures must be fair between the administration and the personality of the employee and that It remains according to the principle of the accused is innocent until proven guilty.