نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Criminal prosecution of union and chamber of commerce officials in the as public service officials
According to the law on the trial and punishment of public services officers, public services officers are employees of for-profit, charitable, and non-profit institutions under the government supervision and due to the that law, the Islamic Penal Code and other criminal laws, some special behaviors as well as governmental employees or public servants coud be punished. On one hand,the controversial duality of formal and substantive development of the state and public institutions under the supervision of the state and repeal of this law in 1394 has created this ambiguity that the concept of public services officers exist in our legal system and they are subject to the punishments stipulated in the various laws that are explicitly mentioned or not?
One of the most likely examples of this institution, are unions and chambers of guilds that exercise their own jurisdictions with a sovereign and governmental content. Judicial and legislative practice indicates the development of this concept and re-creation of it. so that Imposing specific punishments on governmental employees such as bribery, embezzlement, waste of public property, etc., which are also prescribed for them at the same time considered applicable to officials and employees of unions and chambers of guilds as public service employees, and reliance on principles such as legality of crime and punishment is not admissible.
In the public law space, one of the important solutions to guarantee and protect this area has been the criminalization of illegal behaviors, which can be manifested in the form of protecting the restoration of public rights and judicial methods to guarantee the public interest.
کلیدواژهها English