The crime of a public official or a person charged with a public service refusing to execute judicial judgments
DOI:
https://doi.org/10.65263/vqcw9j84Keywords:
Keywords: (( public official- A person entrusted with a public service- judicial judgment))Abstract
The crime under investigation is one of the forms of "administrative corruption crimes" that have spread currently, and in a large way compared to previous eras. This is due to the importance of the function at the present time, and the weakness of the legal organization for such crimes, especially in terms of: criminal punishment. Although the element of criminalization exists, the weakness of criminal punishment may cause an increase in the rate of committing such crimes, or other "administrative corruption" crimes. This is what prompts us to research this crime, understand its concept, and study it
Accordingly, we will divide this research into two chapters : the first chapter in defining the crime of employee abstention, As for the second chapter, we will devote it to explaining the legal organization of the crime as one of the forms of "administrative corruption", and then we will conclude important of our findings and suggestions .
References
First: Books
1- Jamal Ibrahim Al-Haidari, Criminal Legal Studies, Vol. 2, Dar Al-Sanhuri, Beirut, 2017.
2- Ramsis Bahnam, The General Theory of Criminal Law, Mansha' Al-Ma'arif, Alexandria, 1971.
3- Sami Al-Nasrawi, General Principles of Penal Law, Vol. 1, 1977.
4- Salim Ibrahim Harba, Crimes of Omission in Iraqi Legislation, a study published in the Iraqi Journal of Comparative Law, Issue 16, Baghdad, 1985.
5- Suleiman Muhammad Al-Tamawi, A Concise Guide to Administrative Law: A Comparative Study, Dar Al-Fikr Al-Arabi, Cairo, 1992. 6- Salah Youssef Abdel-Alim: The Impact of Administrative Judiciary on the State's Administrative Activity, Dar Al-Fikr Al-Jami'i, Alexandria, 2008.
7- Fatouh Abdullah Al-Shazly, Explanation of the Penal Code, Special Section, Vol. 1, Dar Al-Matbou'at Al-Jami'iyya, Cairo, 2019.
8- Fakhri Abdel-Razzaq Al-Hadithi, Explanation of the Penal Code, General Section, Al-Atik, Cairo, 2010.
9- Mahmoud Najib Hosni, previous source, p. 484; Dr. Fakhri Abdel-Razzaq Al-Hadithi, Explanation of the Penal Code, General Section, Al-Atik, Cairo, 2010.
Second: Research
1- Hassan Muhammad Ward, Non-Implementation of Decisions Issued by the Administrative Court by Government Agencies and Ministries: A Comparative Applied Study, research published in the Al-Shara'i' Journal for Legal Studies, Volume (4), Issue (4), 2024, p. 1562. 2- Khaddar Yamina, The Legal Basis for the Administration's Refusal to Implement Judicial Rulings, a research paper published in Al-Bahith Journal for Academic Studies, Volume (9), Issue (1), 2022.
3- Khaldoun Aisha, The Public Employee and the Nature of the Public Service Bond, a research paper published in the Journal of Law and Humanities, Volume (10), Issue (1), 2017.
4- Ola Sameh Lotfi, The Legal Status of the Public Servant, a research paper published in the Journal of the College of Law and Political Science, University of Diyala, Volume (13), Issue (51), 2024.
5- Ali Abdul-Amir Mohsen Al-Jubouri, Forms and Reasons for the Administration's Refusal to Implement Administrative Judicial Rulings, a research paper published in the Journal of the Iraqi University, Volume (73), Issue (4), 2025.
6- Muhammad Ismail Ibrahim, Ahmed Zughair Majhoul, The Effect of Obedience on the Criminal Liability of an Employee's Refusal to Implement Judicial Rulings (A Comparative Study), a research paper published in Al-Muhaqqiq Al-Hilli Journal for Legal and Political Sciences, College of Law, University of Babylon, Issue 1, Year Sixth.
7- Yasser Mohamed Abdel Aal, Judicial Means to Reduce Administrative Refusal to Implement Court Rulings: A Comparative Study, published in the Journal of Legal and Economic Research, Issue (70), 2019.
Third: Theses
1. Souad Ali and Mounir Bouras, Crimes of Refusal to Implement Court Rulings, Master's Thesis, Faculty of Law and Political Science, Larbi Tebessi University, Tebessa, 2016.
Fourth: Laws
1- Civil Service Law No. (24) of 1960, as amended.
2- Iraqi Penal Code No. (111) of 1969, as amended.
3- Iraqi Code of Criminal Procedure No. (23) of 1971.
4- Execution Law No. (45) of 1980, as amended. 5- State and Public Sector Employees Discipline Law No. (14) of 1991.
Fifth: Judicial Decisions
Decision of the Dhi Qar Court of Appeal in its capacity as a court of cassation / The Nasiriyah Misdemeanor Court issued Decision No. 1618/J/2012 dated 7/23/2012. Unpublished decision.
Sixth: Websites
1- See the website of the Iraqi Supreme Judicial Council:
www.sjc.iq
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