The impact of acquittal on public office in light of the provisions of Iraqi legislation and judiciary
Keywords:
- acquitt -public employee - job association.Abstract
Abstract : The criminal liability of a public employee is reflected in his legal status as a public employee، whether a civil or military employee. When a criminal case is filed against him، the employer may withdraw his hand from work if the public interest requires that، or his hand may be withdrawn from work by force of law when the ruling is issued. By imprisoning him. In this last case، a portion of the imprisoned employee’s salary will be deducted، and the period of imprisonment will be counted as part of that employee’s service. This may affect the imprisoned employee’s entitlement to promotion in accordance with the controls contained in the relevant law.
The issuance of a final penal ruling convicting the employee may not result in the termination of his employment relationship، but it may be a reason for imposing a disciplinary penalty on him if the committed crime reveals the convicted employee’s violation and negligence in his job duties. This final penalty may amount to termination of service in accordance with The provisions of administrative responsibility and the authority of the employer to assess this، but the most serious impact of the penal ruling is that over which the administration does not have discretionary authority، as it will be imposed by force of law if its cause is achieved.
The research aimed to reveal the impact of the public employee’s acquittal on his disciplinary and civil responsibility and the validity of the acquittal.
To achieve the research، the student identified in the first section the basic elements of the research، which are the research problem، its importance، its objectives، and the definition of its terminology. As for the second section، it dealt with the impact of the acquittal of the public employee on his job association and the validity of the acquittal ruling. The research concluded with a conclusion that included the results and recommendations of the research.
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