The criminal responsibility of the employee for the crime of damage to public fund in Iraqi and French law

The crime of harming public funds is one of the crimes against the public office, and its essence is the assault on the public money allocated to public utilities, which does not occur except from the public employee or the like, where the capacity of the public employee in the crimes of assault on public funds is a special element and not a condition  Supposedly, if the status of a public servant is not fulfilled in the offender, the crime will not be negated, but will become a crime under another name. And that the French legislator had addressed the public servant in the French jobs law issued in 1946, through which it was recognized that public officials (the provisions of this law apply to persons appointed to a permanent position and occupy one of the positions of the administrative ladder in the central administration system or in public facilities that are  Or established on public funds or public institutions. As for the Iraqi legislator, the money was not considered public money unless it fulfills two conditions. Article (71) of the Iraqi Civil Code in force has been specified, which states: “First: Public funds are considered real estate and movables belonging to the state or legal persons that are intended for a public benefit actually or by virtue of the law, secondly  These funds may not be disposed of, seized or possessed by prescription.  According to this text, the legislator requires to consider the money public that the ownership of this money is to the state or to one of the public law persons, and also the legislator stipulated that this money be dedicated to a public benefit, whether it is real estate or movable, and the French legislator also addresses that in Article (539) of the French Civil Code  For the year (1804), where the text “belongs to the public funds all vacant and ownerless properties that have no heirs, or the inheritances that their owners abandoned.”  The French legislator has adopted the criterion of appropriation for the public benefit, through which it is intended that the acquisition of public money be a public quality, that is, that it be owned by a person of the internal public law, such as the state and local councils, provided that this money is actually allocated for the public benefit, and its horizon and the French judiciary have taken it.