استقلال المسؤولية التأديبية عن المسؤولية الجنائية للموظف العام في النظام السعودي

الملخص EN

In this research, the concept of the disciplinary responsibility of the public employee in the preliminary requirement was identified, then in the first section, the term of the pillars of disciplinary responsibility was exposed.

After that, in the second section, the research indicates to the extent to which disciplinary responsibility is independent of the criminal responsibility of the public employee for the same action that falls within the scope of the public job and the scientific importance of this issue because it's mentioned in Article # 26 of the Staff Disciplinary System issued by Royal Decree No.

M/7 dated 1/2/1391 AH, which was decided in the cases in which it was decided to refer the accused to a criminal trial as per the disciplinary procedures until the criminal case was determined upon, and after that, the documents return to the Commission of oversight and investigation to decide what should be done, so some may think that the disciplinary responsibility of the public employee is not independent of criminal responsibility and that the latter replaces the first and through a review and analysis of what is included in the judicial rulings of the Saudi Board of Grievances, which confirms its approval of principles that clarify the independence of disciplinary responsibility from criminal responsibility both at the stage of the administrative investigation up to the imposition of the disciplinary penalty imposed on the employee.

The research results show that the most important issue is the independence of disciplinary responsibility from the criminal responsibility of the public employee, a principle recognized by the legal texts and judicialrulings issued by the former Disciplinary Board and the Board of Grievances.

Moreover, the cessation of disciplinary procedures until the criminal case is decided by following the text of Article # 26 of the employee disciplinary system does not mean they lack independence for disciplinary responsibility, but it stops up for a while until the criminal responsibility is decided upon, and then its stages continue to achieve its goal, which is to protect public job with its independent pillars and legally defined penalties.

The research also suggests several recommendations, such as the most important one that is the disciplinary authorities should be given more powers in the event of recurrence and repetition of falling into Disciplinary violations by employees, especially violations that result in waste of public money, as well as the need to add an item to the text of Article # (12) of the Public Employee’s Service Termination in the case of a criminal judgment being issued for the second time in drug crimes (repeated case), so this text helps in this way in maintaining public facilities and eradicate drug crimes.