حجية حكم البراءة في مواجهة المساءلة التأديبية

Abstract EN

The legal system for disciplinary offense differs from the legal system for criminal offense in according to: independence of the legal nature, the goal seeks to achieve, it also differs in terms of the legal procedures followed, as the essence of the disciplinary offense is based on the violation committed by the employee to job duties, which is appreciated by the civil service system, As the criminal offense, its essence is based on the criminal behavior that resulted in deviation of the accused person from what criminal laws forbade him, foremost of which is the criminal law.

through practical application, it is noticed that the same behavior committed by the public servant may include a job error and a criminal offense, which leads to the necessity of the matter of this employee as a disciplinary measure, because there is a general right for the administrative authority to maintain the work of public utilities steadily and regularly, as well as his criminal issue of the existence of a general right of the state to preserve the security and stability of society, therefore, because these rulings overlap and affect each other, it was necessary to tall< about the authenticity enjoyed by the criminal judgments issued in a final and definitive way before the administrative disciplinary authorities, especially the judgments issued of acquittal and the extent of their impact on the employee.