نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Distinguishing between administrative infractions and criminal offenses is one of the most intricate legal issues facing contemporary legislative systems in Iraq, Egypt, and Iran. The significance of this research lies in delineating the boundaries between the respective sanctions to ensure that administrative authority does not encroach upon the fundamental rights and freedoms of individuals. The core research problem stems from the absence of a decisive, unified legislative criterion to distinguish between administrative misconduct and criminal offenses across the comparative legal systems; this has led to overlapping and conflicting judicial and disciplinary jurisdictions, as well as fragmented rights resulting from divergent penal philosophies—specifically, the distinction between professional deterrence and general deterrence. To address this issue, the researcher analyzes and evaluates the legislative provisions and the jurisprudential and judicial approaches in the three countries, while deconstructing the elements of procedural and substantive ambiguity surrounding the two types of sanctions. The study employs a descriptive, analytical, and comparative methodology, organized into three main axes: the first examines the legal nature of the infraction and the crime; the second reviews the mechanisms and manifestations of the overlap; and the third proposes a "general theory of administrative penal independence." This theory aims to establish a normative matrix—based on the gravity of the act and the nature of the protected interest—to serve as the basis for differentiation, representing the study's primary contribution. The study concludes that the Egyptian legislator has been the most explicit in establishing an independent disciplinary judiciary through the State Council; conversely, Iraqi legislation suffers from procedural fragmentation regarding the resolution of administrative infractions and their overlap with the Penal Code, while the Iranian system clearly integrates Sharia-based jurisprudence with administrative law in defining crimes and infractions. The researcher illustrates the practical significance of the subject by highlighting its direct impact on the professional lives of public servants and the rights of citizens; it grants the administration sufficient flexibility to ensure the regular and continuous functioning of public services while simultaneously protecting individuals from the harshness of corporal criminal penalties. Ultimately, this fosters legal stability, enhances the efficiency of the state’s administrative apparatus, and establishes a secure legal environment free from the duplication of penalties.
کلیدواژهها English