The Effect of the Penal Ruling on the Appointment of the Policeman and On the Termination of His Service
DOI:
https://doi.org/10.35246/2hjdav54Keywords:
Penal Provision, Policeman, Career Position, Appointment, Termination of ServiceAbstract
The first effect of the criminal ruling on the career position of a policeman appears when it is a condition preventing appointment and reappointment to the police service, and this effect continues when it causes the termination of the policeman’s job, either permanently, such as expulsion from service, or temporarily, as in the case of removal from service The problem lies in the fact that some of the effects of the criminal ruling are regulated by a non-criminal law, such as the Internal Security Forces Service and Retirement Law No.(18) of 2011 (amended), and also that some of the legal texts contained within the scope of the Internal Security Forces Criminal Law, whether in the Internal Security Forces Penal Code No.(14) of 2008 (amended) The Code of Criminal Procedure for the Internal Security Forces, Rum (17) of 2008, was drafted in a manner inconsistent with the general rules regarding the impact of the criminal ruling on public employment, contained in the Iraqi Penal Code No.(111) of 1969 (amended).Therefore, we aim to diagnose these texts and propose the necessary amendments to them in a manner consistent with the general rules of the Iraqi Penal Code.
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References
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I. Hanan Muhammad Al-Qaisi and Zainab Abbas Mohsen, The Philosophy of Exceptions to Reappointment to Public Office, research published in Al-Qadisiyah Journal of Law and Political Science, Issue (1), Volume (13), June 2022.
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III. Muhammad Awad Khudair Al-Hadithi, the concept of promoting a public employee and distinguishing it from appointment - a comparative study, research published in the Journal of Legal and Economic Research (Mansoura), Volume (14), Issue (88), June (2024), Mansoura University - Faculty of Law.
Fourth: Legislations:
I. Italian Penal Code No. (1398) of 1930 (amended).
II. Egyptian Penal Code No.58 of 1937.
III. Iraqi Civil Service Law No. (24) of 1960 (amended).
IV. Egyptian Military Provisions Law No. (25) of 1966.
V. The Iraqi Penal Code No.111 of 1969 (as amended).
VI. Iraqi Code of Criminal Procedure No. (23) of 1971 (amended).
VII. Egyptian Police Authority Law No. (109) of 1971 (amended).
VIII. Egyptian Police Academy Law No. (91) of 1975.
IX. Italian Public Security Administration Law No. (121) of 1981 (amended).
X. Legislative Decree on Disciplinary Penalties for Members of the Italian Public Security Administration No. (737) of 1981.
XI. Italian Presidential Decree No. (335) of 1982 (amended).
XII. Iraqi Anti-Prostitution and Homosexuality Law No. (8) of 1988 (amended).
XIII. State and Public Sector Employees Discipline Act No.14 of 1991 (amended).
XIV. The Iraqi Police College Act No.37 of 2000 (amended).
XV. Italian Legislative Decree No. (334) of 2000.
XVI. The Iraqi Counter-Terrorism Act No.13 of 2005.
XVII. Iraqi Internal Security Forces Penal Code No.14 of 2008 (amended)
XVIII. Code of Criminal Procedure for the Iraqi Internal Security Forces No. (17) of 2008.
XIX. Internal Security Forces Service and Retirement Law No. (18) of 2011 (amended).
XX. Egyptian Civil Service Law No. (81) of 2016.
XXI. Iraqi Commissioners Preparation Institute Law No. (21) of 2023.
Fifth. Judicial Decisions:
I. Decision of the Second Internal Security Forces Court for the Third District, Case No.(931/C/2022) on 6/16/2022. (Unpublished decision)
II. Decision of the Second Internal Security Forces Court for the Fifth District, Case No. (404/2023) on 9/13/2023. (Unpublished decision)
III. Decision of the Fourth Internal Security Forces Court for the Third District, Case No. (127/2024) on 3/11/2024. (Unpublished decision)
IV. Decision of the First Internal Security Forces Court for the Third District, Case No.(389/C/2024) on 5/19/2024. (Unpublished decision)
V. Decision of the Fourth Internal Security Forces Court for the Third District, Case No. (373/2024) on 7/22/2024 (unpublished decision)
VI. Decision of the Fourth Internal Security Forces Court for the Third District, Case No. (395/2024) on 7/30/2024. (Unpublished decision)
VII. Iraqi State Council Resolution No. (87) of 2024, published on the website, https://council-state.iq/?page=36.
Sixth: Websites:
I. https://old.islamic-content.com/dictionary/word/483.
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