Powers to apply criminal procedural rules in administrative investigations

Abstract

The

public employee is the mirror of the state. If he is righteous, the state is righteous, and if he is corrupt, it is also corrupt. He is also its head, thinker, and its assistant, the implementer. Therefore, the state is interested in organizing and reforming the administrative apparatus. The public employee must be subject, before any disciplinary penalty is imposed on him, to an administrative investigation. There is no legitimacy for any disciplinary penalty without conducting the necessary investigation in accordance with the provisions of the law. However, the Iraqi legislator did not establish legislation specific to the procedures of the administrative investigation and was satisfied with including the general provisions in the applicable law of discipline for state employees and the public sector. Due to the lack of appropriate organization of the subject of the administrative investigation, despite its importance, as its implementation requires, from a practical standpoint, referring to the provisions of other laws, especially the Code of Criminal Procedure, which is not compatible with it in all most of its procedures, in addition to the ambiguity and vagueness that mars its texts, it would have been better to establish legal controls within a legislative framework restricting the conduct of the administrative investigation.