Preventing the person in charge of public service from performing his job Study the law of Iraq as a model

Author:
Abdul Sattar Nazem Ali Al-Obeidi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Ali Sadeghi

The state provides its services and duties to the people depending on its employees. They are the link between the state and the people. As a result of this interaction between the two parties, it is expected that the employee, during his assigned duty, will be subjected to suffering and harassment from people that may reach the point of preventing him from performing his duties, which requires protecting the employee to carry out his duties easily.

And the crime of preventing an employee is according to the Iraqi law of Article 229, whoever insults or threatens an employee or any person charged with a public service, and according to Article 230, whoever assaults an employee or any person charged with a public service, a council, an official body, or an administrative court shall be punished with imprisonment for a period of no less than one year. or judicial during the performance of the duty and according to Article 231 shall be punished by imprisonment for a period not exceeding three years and a fine by one of these two penalties, and the penalty according to Article 232 shall be considered an aggravating circumstance in the commission of the crimes set forth in the previous articles and the subject of preventing the employee from performing his duties, so we dealt with it as an independent crime in itself as a type From the criminal protection of the employee and the public job, the study is different aspects of this crime in terms of determining its material and moral elements and the description of the victim being an employee, and we clarified the concept of the employee from the administrative and criminal side, and we touched on the meaning of the employee and charged with a public service and to the renewed circumstances of the crime and the punishment assigned to it legally and the state exercises its jurisdiction from Through its legislative, judicial, and executive institutions, in accordance with the constitutional and legal limits, and in this way, it relies on them to do what they can to perform what they are assigned to do. E on the point of achieving the interests of both parties. The job is not a privileged authority, but rather a service to the people, a glorious message, public trust, and social service based on a sincere and conscious commitment to people’s interests, rights and tasks in accordance with the law. As long as the employee is the public servant, the communication between the employee and people is no longer an issue

Exceptional in people’s lives and the individual can no longer avoid the employee and the people’s need to deal with employees in the state who are more in contact with the interests of the people. As a result of this interaction and petition between the two parties it is expected that the employees will be exposed while carrying out their duties to harassment and attacks from some people, so it is not imagined that the employee will live His career life is without suffering as a result of his dealings with people, and this suffering may reach to prevent the employee from performing his duty assigned to him, and sometimes his life may be a victim as a result of performing his duty

 In studying the master’s degree, the researcher adopted the descriptive and analytical study, in which he explained the crime of preventing a public servant from performing his job duty as a legal study. He took an analytical approach and took Iraq as a model.