الأساس القانوني للعقوبات الإدارية

Abstract EN

In according to enlarge legislation that’s happing as a result to the breadth of the protection developed interested which represented by financial ,economic and serving interests that related with modern individual life.

In order to ensuring perpetuation of the above interests, must be given the administrator the authority of imposition of punishment without returning to the judiciary , but the imprisonment and prison must not be among of them.

These punishments may be financial administration punishments such as fine and administrative confiscation or personal punishments such as close place , withdraw the license , prohibition of act and declare the administrative punishment.The imposing of the administrative punishment must not effect of the separation of powers or the penal legality and must not prevent the convicted administratively from the chance of appeal before of administrator or courts.

There are some laws regulate the above system in special laws such as Germany and Italian laws or regulate that in general without special laws such as Iraq.