The Employees Criminal Responsibility For Refraining From Implementing Judicial Rulings in Iraqi and French LawComparative Study

This study comes within the framework of the need to emphasize respect for judicial rulings especially that the perpetrator of this crime is an employee or assigned to a public service who exercises part of the public authority. It enjoys a legal status higher than that of the ordinary citizen, if the refusal to implement judicial rulings represents a blatant attack on the principle of the rule of law, as the jurists called it the crime of using functional authority to stop the implementation of orders or provisions of laws and regulations, i.e. obstructing the implementation of the rule of law, and it deserves punishment, Because the implementation of judicial rulings falls within the duties of the employee that he must perform, and that this study aims to identify the effectiveness of the prescribed means to compel the administration to implement judicial rulings, and to clarify the position of Iraqi and French legislators on the issue of refraining from implementing the judicial ruling.This research (the responsibility of the penal employee to refrain from implementing judicial rulings in Iraqi law and French law) came to show the proper legal adaptation of cases of non-implementation of judgments from the two angles of the fate of these provisions and the fate of the position of the administration refraining from implementation and the position of the judiciary and the legal basis for obligating the administration to implement the judgments issued against it.The study concluded that the judgments issued by the judiciary are based on the principle of legitimacy, and it has no value unless it is accompanied by the principle of respecting judicial judgments and ensuring their implementation. The study concluded with a number of results and recommendations, the most important of which is that both the French and Iraqi legislators considered abstaining from implementing judicial rulings as a crime, in addition to the civil obligations and disciplinary penalties prescribed for the employee who refrained from implementing the sentences. Relating to the employee who refrained from implementing the judicial ruling.