The Cimes in the Administrative Contracts Before the Duty Comparative Study Between Iraqi and French Law

The legislator was keen to achieve both the integrity of the public office and the protection of public money, whether civil or criminal, as the various legislations gave these tasks to its executive bodies, for the purpose of supervising the various public institutions and facilities affiliated with the state, and considering that the public employee or charged with the public service is the main pillar On which rests the building of the state and the custodian of the public interest and the credit for the goodness of the governmental tool, and since all individuals have needs that they seek to satisfy and interests and needs that they aim to fulfill, and the state undertakes to provide and fulfill those needs and interests, and given that these agencies are tasked with implementing them on a range of public servants and employees  Therefore, various countries have tended to achieve the impartiality and integrity of the public office and the protection of public money, whether criminally or civilly, by criminalizing the behavior of the employee if he performs the tasks assigned to him for a fee. The goal through this study is to reach an answer to the problems of research and the questions raised in this subject, to determine the penalties resulting from them and to indicate precautionary measures to prevent the crime of assaulting administrative contracts, and thus shed light on ways to address them in the light of the purposes and punitive policy The researcher used the descriptive analytical approach determined in analyzing and extrapolating the legislator’s vision towards the punitive and procedural rules according to the criminal policy in the implementation of penalties. Perhaps one of the most important conclusions is that the concept of abuse of administrative contracts and the employee’s exploitation of his position by assaulting public money, or illegal appropriation of it by him or those in his position to achieve his personal gain, or for factional and partisan purposes, and that all the money the employee receives, A benefit, privilege, or gain due to this assault Determining what are legally known as crimes against administrative contracts by assaulting public money or the duties of a public office. Finally, the treatment of this phenomenon is through the development of religious and moral scruples in the souls, the good selection of employees, and the activation of the monitoring and awareness-raising institutions of society.