م .م صالح ابراهيم عبدالله العقوبات الانضباطية المقنعة في القانون العراقي

Abstract

Abstract

It is an established fact that punitive systems are in constant development, and their evolution progresses proportionally with human advancement, aligning with human progress, culture, and civilization. The rapid development of criminal law philosophy no longer views the offender as a corrupt member of society that must be removed, but rather as a patient who requires treatment and reintegration into the community to become a productive citizen. Consequently, most legal theories have presented various definitions of disciplinary penalties to keep pace with and align with this development.

Since disciplinary penalties are governed by the fundamental principle of criminal law, "No crime and no punishment without a law," legislation generally requires lawmakers to define an exclusive list of penalties that disciplinary authorities are entitled to impose on an employee who is proven to have committed a disciplinary violation. Public service regulations typically enumerate such disciplinary penalties exhaustively to prevent administrative abuse in their imposition, thereby ensuring adherence to the principle of legality.

Accordingly, it is essential for both administrative authorities and public employees to have a clear understanding of legal boundaries, emphasizing that the ultimate purpose of discipline is to ensure the smooth operation and regularity of public services, not merely to punish the errant employee. This understanding is crucial to identify the risks posed by covert punitive measures that administrative bodies might adopt and to safeguard employees through the legal procedures available to protect them from veiled disciplinary penalties that many public employees may not be fully aware of.