ضمانة التحقيق الانضباطي لرجل الشرطة : دراسة مقارنة

الملخص EN

State employees enjoy a set of guarantees, and the most important of these guarantees is the guarantee of disciplinary investigation, which occupies an important position with the employee when moving his disciplinary responsibility, as the disciplinary investigation provides the full opportunity for the employee to prove his innocence and ward off all actions directed at him, whether verbal or deed, that constitutes a violation of laws and regulations.

This is what concerns the employee, as well as the importance of the investigation for the administration, as it stands on the truth to take a just decision away from injustice and unfairness.

Since the policeman is one of the state’s employees and the most important element, and with his discipline, the security of the state is controlled and the public order is preserved with all its elements.

Therefore, it was necessary for the policeman to enjoy all the guarantees that make him feel reassured when performing the heavy duties imposed on him, and thus he is safe from malicious accusations.

Among these guarantees is the guarantee of disciplinary investigation, which is not considered a police procedure intended to intimidate the employee, harm his reputation and degrade his dignity.

Rather the main objective of it is to verify the material existence of the facts described as a disciplinary violation and attributing them to the public official, collecting evidence of its commission, and identifying who committed these facts.

Determining the extent of his responsibility, in addition to searching for documents and tools related to the disciplinary violation, in order to determine the circumstances of its commission, in order to apply the criminal rule that requires the innocence of the accused until the opposite is proven in the disciplinary field.

In order to understand the concept of the disciplinary investigation guarantee with the policeman, this topic will be divided into two demands: the first deals with the concept of disciplinary investigation with the policeman, while the second deals with the guarantees of the disciplinary investigation.