العلاقة بين المسؤولية التأديبية والمسؤولية الجزائية في إطار المساءلة القانونية للموظف العام

Résumé: The main objective of this study is to identify the initial concepts of disciplinary and penal offense and the difference between them, as well as to know the relationship between the establishment of criminal responsibility and disciplinary responsibility and the impact existing between them on through the special system for each responsibility, as well as the procedures for accountability and criminal follow-up before the criminal judicial authorities on The procedures relating to disciplinary responsibility are before the administrative disciplinary authority and the effects on the legal and functional status of the official in during his professional career. We used several approaches with regard to the subject of the study represented in Descriptive approach to describe the initial knowledge and the disciplinary concepts and the crime for the penal offense and the sanctions taken in each system, as well as the analytical method and the method. comparison for the analysis of legal texts and compare them with other laws in this area. From this study, we achieved the following results: - The Algerian legislature did not set definition for the disciplinary and penal offenses, and limited it to referring to the acts constituting the offenders. - The aim of the legislator in conducting the methodology of stating professional errors by degree is considered a guarantee for protecting the rights and freedoms of the public employee. - The disciplinary responsibility of the public servant is one of the actions directed against the administration and the public office of the employee, while the penal liability is directed against society. - The judicial authorities of the ordinary judiciary monopolize the criminal follow-up and impose the criminal punishment on the public employee. As for disciplinary accountability and imposing the disciplinary penalty, it is within the jurisdiction of the Administrative Disciplinary Council as it is the owner of the original jurisdiction. - The initiation of criminal follow-up procedures against the public employee has the effect of stopping the initiation of disciplinary accountability by the disciplinary authorities. - Disciplinary responsibility differs from criminal responsibility, as the former affects the category of public officials, while criminal liability affects all members of society regardless of their positions and descriptions.

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