الضمانات الجنائية الموضوعية للموظف العام

الملخص EN

The public employeeis the mainstay of state bodies and institutions, as he is entrusted with the task of running the state’s public utilities in order to achieve the public interest, and with the development of state activity and its transformation from the framework of the guard state to the intervening state, the fields of activities that entered the state increased, the expansion of the work of the public employee increased.

The employee today is the state’s means In performing its role and providing services to achieve the public interest and to ensure the regular and steady functioning of public utilities.

It is the vital nerve of the state’s organs and the conductor of their work, which led to the public employee’s contact with the public of citizens, and accordingly it became necessary to criminally protect the employee from the arbitrariness of individuals and their verbal and actual attacks against him, as this protection ensures the employee’s confidence in the field of his work to do everything in his power to perform his duties to the fullest.

In the face, the criminal rights and guarantees granted to the public servant are proven to him as a means that allows him to maintain his social position corresponding to his job and a guarantee of the privacy he enjoys as a representative of the public authority.

Therefore, the criminal law considered the behavior issued by the public employee to perform the duty.

Every act the employee performs in implementation of a legal rule or an order issued to him by the public authority and obliges him to perform certain actions or be in implementation of the order of the public authority, where criminal laws have settled on considering the performance of duty as reasons for permissibility The state, through its employees, exercises the set of powers entrusted to it under the constitution and the law, including those that entail infringement on the rights and interests protected by the Penal Code, provided that this infringement is in the public interest, as the law does not consider it a crime because this infringement is a performance of duty and thus the performance of duty appeared as one of the reasons Permissibility, and it was stipulated in the modern penal codes, organized and stipulated, including the Iraqi Penal Code No.

(111) of 1969, where it was stipulated in Article (40) thereof.