The impact of the Penal Code in general function In the Iraqi legislation

A.P.Dr.Dhia,; Abdullah Aboud, A; Faisal Hamza Al-Khafaji, Murtada

	The impact of the Penal Code in general function In the Iraqi legislation
AL- Mouhakiq Al-Hilly Journal for legal and political science
Article 1, Volume 7, Issue 3, 2015, Pages 356-403
Authors
; a Abdullah Aboud; Murtada Faisal Hamza Al-Khafaji
Abstract
Abstract: The General function of important topics in administrative law as a means of public administration, which is carrying out its functions and activities by natural persons they represent and work on their own.The centers organized these persons laws and regulations concerning the general function. This has given the laws that regulate the general function Importance of large public employee , the reason for this is that the success of the Department in carrying out its duties toward the public depends on the efficiency of its staff and their sense of responsibility and the need for the public interest, a public official as is well-known for its work of civil and criminal and administrative aspects all, if we want to know the extent to which the legality of the acts of which would probably return to the Penal Code, a base (nullum crimen, nulla poena sine lege), the issue of functional errors, locks them into Legal Text Organizer General post, and is due to the bodies concerned to determine the acts against the public duties or contrary to public order under the control of administrative justice. This is the subject of much importance, since it deals with several questions is very important, it is the extent of the impact of governance on penal functional Association, another sense that this search is for an answer to the question: Do penal judgment of conviction after the functional association? As well as the disciplinary code of the State, the private sector Iraqi general in force when the text of the penalty of dismissal from the general function in article8 /VIII) it did not mention the reasons for removal from the post of general officer (if convicted of an offense against honor) but the absolute terms such as the words (makes staying detrimental to public interest) and the words (the fact that a crime arising out of his job or committed by official capacity ) what will be taken about that? and the crimes committed by his personal and require isolation has yet to decide who is responsible in the administration that it is harmful to public interest? The article (23) of the Disciplinary Code of the State and the public sector's No. 14) for the year 1991 has shown that the innocence of the employee or his release does not prevent the imposition of disciplinary sanctions provided for in this Act, any that could be separated from the employee or his dismissal from his post, even his innocence and to ensure that provision of the Act, which was referred to the competent court for this as we know is incompatible with authoritative penal provision in disciplinary proceedings! And that was the case, it would have been better for administration instead of the accused officer referred to the competent court and the length of the proceedings and the Court claiming that the administration would not commit to judgment in which it was decided that the working dismissal, for its part, without referring that the official competent court. As for the impact of conviction of the employee of a misdemeanour prejudicial to honor, Paid not Iraqi legislature put the definition of particular crimes affecting the honor, but merely some examples of this type of crime .It also did not refer explicitly to the Iraqi legislature effect of this provision in functional Association, except as referred to in article (7/4) of the Civil Service Act No. 24 of 1960 amended referred to in advance, which stipulated that the candidate for the post of general sentenced a misdemeanor affecting the honor.
Keywords
penal code; general function; Iraqi legislation

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