Problematic Aspects of the Meaning of the Terms Employee and Person Charged with Public Service in the Iraqi Penal Law

Abstract

To address the problems encompassing the use of the terms employee and person tasked with a public service by the Iraqi criminal legislator, we must first explain the meaning of the public employee in administrative law, and then define its meaning within the scope of criminal law, because this concept differs in administrative and criminal laws, and the meaning of the public employee within the scope of administrative law is correlated to the presence of some elements, and these elements differ from one country to another, or from one law to another even within one country. Criminal law is a legal system independent of others, and it has its objectives, so its mission is not restricted to serving the objectives set by other laws. This research aims to clarify the meaning of the public employee within the scope of administrative and criminal laws, as well as to shed light on the problematic aspects regarding this subject in the current Iraqi Penal Code and the criticisms intended for the Iraqi criminal legislator, by following the comparative approach between Iraqi legislation and Egyptian, Algerian and Palestinian legislation.