الصمت أو السكوت الانضباطي المتعمد : دراسة تحليلية

Abstract EN

The intended or deliberate silence or silentness during the disciplinary investigation is part of the principle.

It is the freedom of defense in addition to other manifestations and parts that complement this freedom such as legal guarantees included in the administrative dispute between the administrative authority and the employee accused of the administrative violation and the consequent criminalization or conviction and innocence.

This behavior is A recognized right in various jurisprudential, legislative, and even legal trends and positions.

However, this recognition is almost absolute and unconditional, and that has many flaws affecting rights and interests.

The recognition of temporary silence or silentness has its supporters and opponents in its jurisprudence and law.

It relates to many aspects by expressing positions in acceptance and rejection.

And ambiguity according to the circumstances and facts surrounding it at the moment of the act itself.

It has goals and objectives, including the positive and the negative, and it is a right that has advantages that make it unique in its knowledge from other terms that revolve around the field of public administration activity.

The use of this right is dominated by acceptance, approval and support in its jurisprudence and by law.

Implicitly and what was brought about by the general rules and principles despite the contradictions and divergences in the situations and positions on that positive trend to confirm it theoretically and practically.

Nevertheless, this may lead to negative consequences and legal effects that may not be consistent with considerations of the public interest and the right of society.

In addition, it may conflict with the interests of the person concerned by the temporary silence itself.

However, it is permissible and legitimate with the existence of its rejection in practice during the administrative investigation stage.

This is because of the consequent entry into the nullity of the disciplinary decision due to failure to observe this right as a defense guarantee for the personal rights and interests of the employee who is originally supposed to be innocent by virtue of the general rules and principles of law and his support for the right to litigate the rule of law and the application of legitimacy in the administration work.