The Relationship of Administrative Investigation With Judicial Investigation, A Comparative Study Between Iraq and Iran

Administrative proceedings have an important place in the disciplinary and criminal responsibilities of the perpetrator, and this is clear to the perpetrator during the trial to prove his innocence and dispel the suspicion that he is justified and to drop all charges. Litigation is a set of actions that the legislator can even defend himself against legal obligations for the perpetrator, it should be considered that the law guarantees the right of defense and this is useful for the performance of public services It is important that the holder has serious consequences for the future work of the active employee and his salary at work is affected by his conviction. It is a great danger that he and his family face, and daily work is the main source of livelihood, and the importance of this issue becomes clearer at several points, one of which is the point of connection between the administrative and judicial proceedings and the impact of each Which on the course of the trial. This weakens the legal obligations and guarantees for the perpetrator and the importance of the proceedings may be summarized in the following points: The importance of the administrative proceedings in June Due to the specific courts and the lack of specialized investigation into this issue, we decided to discuss this issue and analysis, and especially the case that was not of particular importance to researchers. In examining this issue, we rely on the analytical and descriptive style and comparison between regular legal texts on the subject of litigation, and also our trust in the scientific aspect of judicial decisions and rulings belongs to the judiciary. And the scope of the study of this issue is determined by the current laws of Iraq and Iran and the positions of the judiciary on this issue. In this study, we came to several conclusions, which are as follows: Rebellion against administrative proceedings with an employee who is already late and one of the necessary conditions for his transfer to specialized courts to recognize the legal actions with which the proceedings have begun. It should be noted that any punitive action before the end of the administrative trial is illegal and has no legal effect. The nature of these punishments is contrary to the provisions of the Law on Discipline of Government Employees, and administrative proceedings are the second step, after delivery and after which a set of disciplinary measures, and in fact the first disciplinary action, and the main purpose is to detect disciplinary objections.