Occupational Offenses by Public Servant: (A Comparative Study Between Iraqi and Iranian Law)

The main objective of enacting the two punitive laws is to enable the state to exercise its powers and impose its control and respect in order to reduce crimes and prevent disturbances that affect safety and security. This principle is one of the most important principles that society as well as individuals aims to achieve since the beginning of the emergence of laws until now. In our study of the issue of functional crimes, we shed light on the most important functional crimes in the Iraqi punitive law as well as the Iranian punitive laws (the crime of bribery, the crime of embezzlement, and disclosure of functional secrets) As these crimes have serious effects on the public job, the search for functional crimes is one of the topics that are studied in the field of public law. and judicial rulings and comparing them, and the problem of the research lies in the absence of a precise administrative organization for the investigation of functional crimes, as well as the absence of punishment texts A strict environment prevents the occurrence of such crimes, and government departments in general suffer from the possibility of functional crimes by public officials. The importance of research on the subject highlights the importance of the public job, as the public job is a national assignment and a social service that targets the public interest and the citizen’s service in the light of the legal rules in force. And the study of functional crimes is one of the important studies in public law in general and in administrative law in particular, as the public office represents one of the topics of administrative law, and although the subject is criminal, but its importance stands out in the public office more than being crimes discussed in the section Felony studies. Through the study, we reached a number of results, the most important of which were that both Iraqi and Iranian legislators criminalized the public employee taking bribery, embezzling state funds, or disclosing job secrets, and that the presence of bad behaviors and the failure of government institutions to enjoy full protection against employee misconduct, and the presence of temptations Materialism is a reason for committing functional crimes, and these crimes, such as receiving a bribe or any other behavior that violates job duties in order to obtain any illegal benefits for themselves or others, are among the clear manifestations of corruption, for example, bribery and embezzlement