Legal System for Referring a Staff Member to the Competent Courts

Disciplinary punishment is one of the means used by the competent administrative authority based on a provision in the law to deter the perpetrators of disciplinary violations within the functional community and with the aim of maintaining order in it, in the sense that it affects violations in the interest of the job and although there is a convergence between disciplinary and criminal punishment both aim to punish the defective behavior but the crime is guaranteed by a financial fine or a deprivation of liberty or physical, the focus of the study lies in Article (10) of the third paragraph of the Law on the Discipline of State Employees Iraqi No. 14 of 1991, as amended, which stipulates that “if the committee considers that the act of the employee referred to it constitutes a crime arising from his job or committed in his official capacity, it must recommend his referral to the competent courts”, the study aims to shed light on the reality of the legal system in the power of referral to the competent courts, and to know the guarantee of administrative investigation as one of the guarantees of the public employee in Iraqi legislation, and the idea of the study requires the importance of administrative investigation in the field of administrative work, and what it has From the clear impact on the life of a wide segment of society represented by public servants who are the makers of state achievements, and the statement of guarantees during the administrative investigation of the public employee with him, by the competent investigative committees and guarantees after the administrative investigation with him, and its great and fundamental importance on his position or job position, and the adequacy of these guarantees for the public employee, The problem envisaged from this research lies in the subject of judicial investigation as a guarantee of the guarantees of the public employee in the Iraqi legislation stipulated in the Civil Service Law and the Law on the Discipline of State and Public Sector Employees, and therefore the research method is followed in the study of the texts of this law, and the descriptive and analytical approach through which the researcher reaches the extraction of opinions, conclusions and legal provisions based in all this on the questioning of the legal text located within the framework of the subject of study, and for this reason the study was divided into three Chapters, which ended with a conclusion that included the most prominent findings and recommendations.