النظام القانوني لأحكام المسؤولية الجزائية للمحضر القضائي

Abstract EN

The judicial record is a public officer who manages a public office on his own account and under his responsibility, and article 05 of law 06/03 which includes the organization of the profession of the judicial record specified the forms of running his office, which may be conducted either as a natural person, or a civil professional company, or collective offices and here lies the difference in the general provisions governing his criminal responsibility that requires the availability of the physical, moral and causal relationship unless there is a reason for the prohibitions of liability or permissible of the permit of the office, but if the running of the office in the form of offices combined, or a civil company, the conduct of the office is in the form of a collective office, or a civil company.

In both cases, the legislator considered the status of public officer held by the judicial record to be an aggravating circumstance for him in all crimes committed during or because of his duties, such as taking up his duties before taking the oath of office, or continuing his activity despite being informed of the arrest decision, and he also made the same capacity as a condition for his criminal responsibility for certain offences such as damage to money, such as the crime of destroying or destroying funds deposited with or without his intention.

The legislator had to intervene to find some kind of legal balance.