مفعول صفة الموظف العمومي في المسؤولية الجزائية للمحضر القضائي

Abstract EN

The bailiff is a legal officer to whom some degree of authority or jurisdiction is given.

He performs missions relating to official notification and judicial execution according to the general rulings which rule the profession and determines the modalities of its exercise.

The bailiff is described as a public administrator according to the penal law rules which make up the law that fights against corruption, and he is not subject to the general fundamental law of public function that is related to the area of administrative law.

It should be noted that the bailiff’s features have an influential role in determining his penal responsibility either in terms of incrimination through defining the judicial qualification of committed facts when exercising his profession, or in terms of absence of the infraction or avoiding punishment.

Additionally, the bailiff plays a significant role in the process of punishment during the qualification of the different types of judicial excuses, or when applying the easing or aggravating circumstances of the sanction.