Document Type : Original Article
Highlights
Trials are broadly divided into three categories: civil proceedings, criminal proceedings, and administrative proceedings; the first and second trials are judicial trials, but the third trials are non-judicial trials, sometimes called "quasi-trials. Administrative proceedings have several types, of which the Administrative Court of Justice is the main administrative hearing and other hearings are sub-hearings. Such as the trial of government employees' violations, the disciplinary trial of judges, the disciplinary trial of doctors, the disciplinary trial of students, etc.
Civil litigation refers to the process that has been instituted to hear civil lawsuits. Criminal proceedings are also a set of rules that deal with public litigation. Civil and criminal proceedings used in the judiciary have a specific and extensive law. But administrative proceedings do not have a special law with this name, but for each trial, there are separate rules that state the formal and substantive rules of violations. Administrative proceedings in the Court of Administrative Justice can be considered administrative proceedings in a special sense and called the trial in other quasi-judicial authorities a trial in its general sense However, because the first hearing involves all government employees and departments, it was general and The second trial is a special trial because each one deals with the violations of certain employees and departments but, the term "general and specific", like other legal terms, has a relative meaning that is, it is general to one state and at the same time special to another state. In the case of administrative proceedings, various definitions are provided, and the meaning is the rules that used in the Court of Administrative Justice and quasi-judicial authorities to deal with government violations or government employees which may be in the form of proceedings in the office or fraternity. Another definition of administrative litigation states: a set of rules and regulations is a legal form Which must be observed when handling administrative disputes in special authorities.
The main question of this research is whether administrative proceedings are principles and rules independent of civil and criminal proceedings or is a branch of them in such a way that in cases of silence of administrative proceedings or can we refer to the rules of civil and criminal proceedings?
The sub-question is whether a lawsuit is filed simultaneously with the criminal and administrative authorities should the administrative authority wait for the criminal case to be determined?
There is also disagreement about the relationship between civil procedure and criminal procedure. Some groups consider these two disciplines to be independent of each other because independent principles and rules govern each of them. as they have a different subject and purpose. Civil education is next to the civil law and explains how to implement it but criminal proceedings, along with the penal code, determine the form of its implementation and another group considers the civil procedure as the principle and the criminal procedure as its subject. Accordingly, a rule called the rule of reference to the rules of civil procedure in cases of silence, criminal procedure has been established.
Accordingly, if there is a defect or ambiguity in the law there was criminal proceedings referred to the Civil Procedure Code. This dispute may also apply to other proceedings, including the Armed Forces .The question, then, must be answered as to whether military proceedings are an independent discipline as opposed to civil and criminal proceedings or dependent on them. One of the effects of this dispute is the possibility or impossibility of addressing issues which is simultaneously raised in administrative quasi-judicial authorities and criminal or legal judicial authorities. For example, an employee may have committed embezzlement and regulators may be investigating at the same time refer to the Prosecutor's Office and the Administrative Violations Board of Government Employees.
Should the administrative authority wait for the judicial authority to make a decision based on the criminal verdict or can both authorities handle it simultaneously? Some of the rules of the subject have made this situation somewhat clear and some others do not have a statement, but a rule must be set to refer to that rule in cases of silence or ambiguity.The purpose of this article is to establish such a rule to be used in judicial and quasi-judicial authorities. Of course, there are two points that need to be made about the concept of administrative independence؛The first point is that administrative proceedings are not meant here in the general sense, but rather in quasi-judicial proceedings which deal with the abuses of certain individuals such as government employees, university faculty members, physicians, students, forensic experts, lawyers, and so on. The second point is that independence in its general meaning has several dimensions, but the meaning of independence here is that if an issue was raised simultaneously in these authorities and judicial authorities، do quasi-judicial authorities have the right to deal with this issue independently and without regard to the issue raised in the judiciary or they have to wait for the judicial authority to make a decision and then make a decision based on that decision?
1- Francis Paul Benoit(1968) ،le droit administrative ، Paris ،Dalloz .
2- Martine Lombard(2003) ،et dumont droit administrative ،Paris .
3- René Chapus Droit ، du contentieux administrative، Paris ، Montchrestien .
