المتابعة الجزائية للموظف بين حجية الحكم الجزائي والسلطة التأديبية للإدارة

الملخص EN

A staff member who commits a disciplinary error during his career and who bears the description of a criminal offence shall be liable both to disciplinary and criminal liability for the same acts and to appropriate punishment if convicted.

according to the principle of the independence of disciplinary proceedings from criminal proceedings, this leads to the possibility of initiating disciplinary proceedings before adjudication of criminal proceedings, in which case the disciplinary decision will have no effect on criminal prosecution.

however, the criminal procedure results in the provisional suspension of the staff member if the criminal prosecution does not allow him to remain in office, in which case the disciplinary error is adjusted whether committed on the occasion of the performance of the job or during the staff member's private life (outside the post).

especially if it has an impact on the reputation of the facility and the ethics of the post and then creates the disciplinary responsibility of the staff member in addition to his criminal responsibility.

this has the effect of penal proceedings on disciplinary proceedings, where the sentence is then authorized by the disciplinary authority in respect of disciplinary punishment.