Criminal Responsibility for the Employee’s Refusal to Implement Administrative Judicial Rulings in Iraqi and French Law

We address this topic of research due to its importance in judicial life, especially since the perpetrator of this crime is a public official or charged with performing a public service, exercising a part of a public authority, It enjoys a higher legal status than that of the ordinary citizen, and the crime is considered serious because it violates judicial provisions and affects its prestige, Also, allowing individuals to file a lawsuit while refusing to implement judicial decisions can be considered a safeguard against the arbitrary and unreasonable reluctance of officials to implement judicial decisions, Employees use various means and forms to avoid the implementation of judicial decisions, especially those issued against them or against a party to which they belong. Criminal procedures are considered one of the most important legal procedures to determine the responsibility of a person for his failure to implement because it threatens his freedom, money and professional life. Therefore, it is the most important and most important in addressing others, Through it, the criminal responsibility of the employee who refuses to implement court decisions is determined, by clarifying what the judicial rulings contained in this crime mean, Not everything issued by the judiciary is a binding ruling, and the refusal to implement it is a reason for the realization of this crime, but only judicial rulings that acquire the force of execution, We will also explain the general elements of this crime and its special nature, because the material element in this crime is achieved by mere inaction without the need to achieve the result of the material crime and the relationship between cause and effect, As for the moral element, it is represented in the criminal purpose (intent) of the offender, and with regard to this particular element, it is the competent employee who refrained from implementing, We will also deal with the general and specific procedural provisions for the crime, and indicate the penalty for the perpetrator of the crime, and we concluded our research with the most important findings and recommendations we reached.