التنظيم القانوني للقيد الجنائي وأثره على تولي الوظيفة العامة

Abstract EN

The issue of criminal registration has not been given the importance it deserves, in the light of the legal effects it entails, and their clear effect on the deprivation of enjoyment of certain rights and privileges, or the occupation of public employment and the nomination for the political and administrative positions.

the legal systems did not agree on a specific model of regulating criminal registration and the jurisprudence is not studied it in the deep way.

there is no legal regulation for criminal registration in Iraq, but merely administrative contexts relating to the preservation of judicial rulings issued by the courts, and this legal reality must be changed and to be properly regulated there are guarantees to ensure good organization and how to appeal and complain about it and how to canceling it and get rid of its effects in future.

in many cases, criminal registration must not be a stigma that pursues the convicted person and his family for life and then close all the doors of righteousness and integrity if he proves that he has been amended his criminal conduct and wants to return as a useful member of society.

therefore there are many legal systems in many states put means to erase the criminal registration, such as rehabilitation and amnesty.

the effect of criminal registration on the assumption of public employee represents by the person who convicted of a misdemeanor violating honor is ineligible for public office because of this crime reflect his disgraceful behavior and the legislator fears this will be reflected in his behavior at work.

the above status represents a serious danger to the public service and the public interest, and it represents a big importance in the assumption of senior positions, sovereign positions, military and security functions and sensitive sites.