The employee’s criminal responsibility for crimes resulting from the public office in Iraqi and Algerian law (a comparative study)

  This  study  has  aimed to  investigate  two   important  issue  in law:  penal liability  of the public employee or  officer of public service and the statement of its legal basis. This  issue  was shown by  the comparison between the Iraqi law and the Algerian law. The study dealt with  three crimes that could be committed by the employee  including  bribery, embezzlement and the abuse of power , the of principle  of   liability due to  these crimes, a statement of the issue of the  liability of the subordinate for the orders of his boss at work , the principle  of penal liability  and  the position and jurisdiction of the employee due to which this liability  resulted.  This  study  by   using descriptive -analytical  method  and clarifying and explaining the texts related to the penal liability  that the public employee has during  committing any of these  crimes and the comparative approach between the Iraqi law and the Algerian law  pointed to  methods and   means  that exempt  the  public employee   from  that   liability. The study also reached several results, the most important of which is that the law does not protect the public employee if he commits any of the aforementioned crimes, and he cannot excuse ignorance of the law or obedience  of   the orders of the boss at work, because the employee today has become one of the people who represent a criminal importance  in relation to the crimes committed by them. The  important issue  is that some employees may try to evade punishment despite committing an illegal act for several reasons, including having power  or circumventing the law.  By  mentioning  more  reasons   and  explaining  each   crime  in   criminal  law  and  law  , the Algerian legislator (compared to  Iraqi legislator )    has  attended   to  bribery  , embezzlement  and  abuse  of  power . The study suggested  several recommendations, the most important of them  are   monitoring  the  offices  and   people  , the measures approved by the law and spreading cultural awareness among employees and ordinary individuals,  no kindly  behaving with those who bear criminal liability ,  creating confidence in the public employee through rewards and notifying the employee of his integrity and success  through promotion. The  employee’s needs must be met through reasonable income that is sufficient for  his needs and is not forced  him to commit an act that is considered a crime  and  to be  punished  for  the  crime  such as bribery, embezzlement and other crimes.