The Principle of Proportionality between Crime and Disciplinary Punishment in Public Office Analytical Study between Iraqi and Lebanese Law

Crime cannot be far from the societies of this globe. Some of them have pillars of crime، which are considered major، and some are less likely to reach the disciplinary crime that pertains to the employee in state departments or their employees. These disciplinary penalties are set in order to correct the career path. Therefore، all countries have their own legislation. in this area، including Iraq and the law of the discipline of state employees No. 14 of 1991 ، as well as also in Lebanon Alamomcin staff of the system under Decree No. 112 of 1959 through these laws ، the administration tried to correct the employee to work for These disciplinary offenses and thus differentiating between them and the criminal offenses that may result from the public office، but at the same time is that there is a proportionality between the offense and the penalty imposed on the employee، and this is through the lack of authoritarianism by the administration and the persistence in imposing penalties that can correct what is not to him In Iraq and Lebanon، the first stage is the investigation، and therefore the employee must be given guarantees، including informing the employee of the punishment directed against him and informing him of it so that he can take the legal methods against those attributed to him. In Iraq، it is through The grievance is filed with the person who issued the order for the penalty، up to the annulment lawsuit. The grievance in Iraq has been limited to thirty days. When the employee is obligated to obey the superiors، it is a commitment to the law، just as the law does not regulate all the affairs of the job، and therefore he left the discretionary authority to the administration، and the authority of the administrative judge does not depend on monitoring the legality of administrative decisions، but rather to find a balance between the reasons and justifications for imposing punishment.. Therefore، the proportionality between crime and punishment is important for the employee.