الحماية الجزائية لتنفيذ أحكام و قرارات القضاء الإداري في العراق

Abstract EN

The administration’s refusal to implement the judgments and decisions issued by the administrative judiciary, both types of administrative courts and employee judiciary, represents a violation of the rights of the individual or employee.

It is a common phenomenon in the country , The privilege of power has an effect on that.

The legislator was keen to criminalize refusal to implement of judgments and judicial decisions in two ways, first: If any employee or person charged with a public service is punished in Article (1/329) of the Penal Code by imprisonment and a fine, or one of these two penalties, If this employee took advantage of the functional authority to stop or obstruct the implementation orders issued by the government or any judgment or order issued by a court or a competent public authority, or for delaying the collection of money, fees, and other legally approved.

This crime embodies the idea of using the authority held by the accused to influence the competent employee who execute the judicial ruling and pushing him to stop the implementation of this ruling.

Second: If the legislator punished in Article (329/2) of the Penal Code with the same penalty, Every employee or person charged with a public service refrains from implementing a judgment or order issued by one of a courts or from any competent public authority after eight days of his official warning to execution of judgment whenever the execution of the judgment or order is within the competence of his position.

This crime is one of the simple crimes of abstention which is achieved by abstaining.

It is an intentional crime.