The effectiveness of criminal procedures in the disciplinary field, a comparative study between Iraqi and Egyptian law

We have examined the effectiveness of criminal procedures in the disciplinary field, a comparative study 0, by shedding light on the research topics.

As the public office is one of the most important topics in the administrative law and the rest of the laws due to the close connection between them, as well as because it is the (public office) the basis for by which the state carries out its institutional and utility activities, and these public facilities and institutions have a moral personality that is managed by natural persons and they are employees .

Laws have regulated the relationship between the employee and the public office and set the objectives of each institution and indicated the rights and duties that fall on the employee’s shoulders and which must not be overlooked.  Disciplinary and Criminal .

Noting that the legislation did not leave the matter of penalties imposed on the violator in a manner or in vain, but rather regulated by laws of discipline, civil service and penal laws.

As the disciplinary responsibility (disciplinary) is subject to the principle of not the penalty of the law, due to the difficulty of counting functional violations, and the goal is the smooth functioning of government departments, so the legislation specified penalties only.

As for criminal liability, it is subject to the principle of neither crime nor punishment except by a text, where the legislator has defined the crimes and penalties imposed on the violator.

The study has importance in examining the extent of the effectiveness of criminal procedures on the disciplinary system, as investigation and evidence gathering procedures have no effect on disciplinary punishment, and likewise the inspection is attached to it. But if the employee is arrested from a competent authority, his department withdraws his hand from the job throughout the period of detention and disburses him half of his wages throughout the period.  The detention period to take care of his family.

It is permissible for the Disciplinary Investigation Committee to recommend that the employee who is referred for disciplinary investigation be withdrawn at any stage of the investigation without affecting his salary.

And that the effect of the penal judgment of acquittal or release on the employee, half of his wages will be returned to him and returned to his job.

As for the effect of the penal ruling on conviction, he is not paid half of his salaries throughout the period of detention, in addition to terminating his employment relationship for the duration of his imprisonment, and there are crimes that result in the employee being permanently dismissed from his job.