كتمان الأسرار الوظيفية و حرمة إفشائها في القانون العراقي : (قراءة تحليلية)‎

Abstract EN

The subject of this study is the secrecy of administrative acts in the Iraqi legislations and this study intends to make the important legal issues which are related with this subject are clear , either what related with secret and it's subject or what was relaying with the state security specially if we knew that they became the basic insurance for protection these security at these days.

There is no dispute that the secret of administrative acts and the protection the state security these are considered as two faces for one coin.

The legislation, judicial decisions, juristic opinions and the customs in all the countries have taken and held a firm and unanimous view that the employ is bound to keep the secret to which it is communicated in addition to the facts and the information closely tied with the administrative activity of her public body.

Therefore we had to investigate and study the administrative and criminal responsibility cannected with the administrating secrecy, and the extent to which the legislation’s provide the administrative and criminal protection to this type of secrecy and punish the person who breaches or violates the obligation to keep the administrating secrecy, and in this context the legislation’s have been divided into two branches the first one contained many legal provisions concerned with the doctrine of the administrating secrecy under the heading of the claw of the administrative law, whereas the second one did not organize this concept but left it to the general rules in pursuance of the legal provisions set forth or provided for in the penal code concerning the divulgence of secrets, including the Iraqi law.

There are so many difficulties in this subject, such as misapplication of some articles that regarded with the secret of the job generally and specially the secrecy of administrative acts such as article 437 from the penal code and article 57 from the code of criminal procedures, and the cause in that is the unrespectable to these articles from the people who are uncharged to applicate it .

We have been divided this study into five chapters and we cleared in the first one the definitions of the secret and we conclude that secrecy in administrative acts is every happening or order known by the employ or any body contact with him during or in occasionally of his practicing for his job or because of it .

And the legislature has considered the happening or the order as a secret in the code.

In the second chapter we tried to clear the subject of the aggressive acts against the secrets of the administrative acts.

In the third chapter we talked about the effect of unapplicat of the principle of the works secrecy , and we found that their there is a collection of punishment imposed upon any breaking for that principle , this punishment represent as a administrative and a criminal punishment .

The punishment and conviction of the perpetrator of this crime are not confined to the criminal liability but go as far as to bring about the disciplinary liability imposed on the officer committing this crime in accordance with the law of the discipline of the public servants No.

14 in 1991, together with another kind of liability to which the defaulter of this obligation is exposed, i.e.

the civil liability (responsibility) reflecting the damages or the compensation given to indemnify the prejudice suffered by the party concerned as a result of the commitment of the tort in conformity of the article – 219- of the civil law No.

40 in 1951 under the heading “ Vicarious liability” Finally we reached for a collection of conclusions and recommendations that we hope it will be taken in the eye of regarded from the legislator.