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Document Type

Original Study

Abstract

Administrative discipline of public employees is regarded as an autonomous punitive system that is distinct from other sanctioning regimes in terms of its objectives, characteristics, and the authority responsible for its enforcement. Nevertheless, this autonomy does not preclude the existence of a close relationship between administrative disciplinary law and criminal law, nor does it prevent the former from being influenced by the latter in several respects. The same factual conduct that the administration characterizes as a disciplinary offence may simultaneously constitute a criminal offence punishable under the law. Consequently, a public employee may be subject to both disciplinary and criminal proceedings arising from the same act without this being considered a form of double liability or double punishment, given the independent nature of each system. This study examines the regulation of the relationship between disciplinary offences and criminal offences, identifies the principal distinctions between them, and analyzes the evidentiary value of criminal judgments before disciplinary authorities. It further explores the effects of such judgments—whether acquittal or conviction—on disciplinary proceedings and on the continuation of the employee’s public service relationship. The study also adopts a comparative approach, examining the Iraqi State and Public Sector Employees Discipline Law No. (14) of 1991 and the Lebanese Civil Service Regulations promulgated by Legislative Decree No. (112) of 1959, with the aim of identifying legislative deficiencies and proposing appropriate solutions to address them.

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