Applying the principle of the most lenient law for the accused indisciplinary matters: A comparative study

ALjnaby, Iftikar Rished

doi:10.63677/jqlap.2026.192030

	Applying the principle of the most lenient law for the accused indisciplinary matters: A comparative study
AL-Qadisiya Journal For Law and Political Sciences
Article 5, Volume 17, Issue: 1 part 2, June 2026, Pages 119-140 PDF (548.33 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2026.192030
Author
iftikar rished ALjnaby
tikreet univercity
Abstract
The principle of applying the law most favorable to the accused is one of the basic legal principles in criminal law. However, despite its connection to the criminal field, this principle has begun to find widespread resonance in the field of disciplinary law, especially in light of the development of fair trial guarantees. This principle requires the application of the disciplinary text that is more considerate of the rights of the accused employee in the event that a new law is issued after the employee has committed the violation and before the issuance of the final disciplinary decision by the competent authorities. It aims to protect the legal status of the accused employee from subsequent aggravation and is an exception to the principle of (non-retroactivity of laws). Its importance is evidenced by its close connection to the principles of justice and disciplinary legitimacy, especially the principle of "no punishment without a text." Moreover, the administrative judiciary has begun to expand its adoption within its jurisprudence, especially when the new law stipulates mitigating or canceling the penalty, amending its conditions, or adding guarantees to disciplinary procedures.
Keywords
accused; Application; discipline; Law Most Favorable; Law for the Accused

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