The impact of the administrative investigation on the criminal responsibility of the public servant (comparative analytical study)

The administrative investigation is a set of procedures aimed at establishing the relationship between the offending employee who is referred to investigation and the incident under investigation. Directed to the employee or not and the issuance of a disciplinary decision against the violating employee when the violation is proven in accordance with the provisions of the Iraqi State Employee Discipline Law No. 14 of 1991 amended or in comparative laws. And the administration was not free in its legal, material and administrative actions towards its administrative units or public facilities, as well as towards its employees and workers, because it is subject to the principle of legality, and the administration is also asked about its harmful actions as a result of the actions it performs. The administrative investigation is one of the guarantees of the public employee because he represents an important offender of the guarantees and rights of the employee, and the law has required restricting the authorities of the administration with certain provisions and controls, with the necessity of impartiality in the administrative investigation procedures, since the latter is one of the disciplinary measures and a guarantee of disciplinary guarantees, And these guarantees are precedent or contemporaneous with the administrative investigation procedures, where the previous guarantees are that the disciplinary violation that calls for moving the procedures with the violating employee before being referred to the investigation authority and that he should be informed of the accusation attributed to him should be studied. The amended Iraqi State Employee Discipline Law No. 4 of 1991 required the recording of the statements of the offending employee when conducting the investigation, and that he be aware of the accusation through notification, bearing in mind that notifying the employee of the accusation is the responsibility of the administration, because the issuance of the decision to punish without notifying the employee requires The nullity. In addition, the administration must give the violating accused the right to exercise the right to defend himself in any accusation against him, as the right of defense is considered one of the basic rules in the principles of trials and one of the principles of the necessity of legal procedures on which justice is based, and the law was given The employee has the right to appoint a lawyer to defend him as one of his guarantees.

The administrative investigation is considered the entrance to the criminal investigation, but it is not considered a binding argument for the criminal investigation authority to adopt. There is a similar relationship between the administrative investigation and the criminal investigation, in addition to the presence of differences in other locations between them. As for the authority concerned with administrative investigation procedures, the legislator was keen to identify the authorities that carry out the administrative investigation because of their importance in achieving the guarantee for the public employee.

Moreover, the performance authorities are committed to the provisions of the penal verdict issued against the public employee in terms of legal adjustment, which is an element in the elements of disciplinary responsibility.