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Scope of Penalties of Offences in Jordanian Public Office

Tareq Al-Billeh1, Abdullah Alkhseilat2 & Lana AL-Khalaileh3

The article analyzes the legal regulation of penal and disciplinary crimes by showing the relationship between them, their independence from each other in the public office in terms of the legal elements of each crime, and the procedures used to prosecute the public employee. The study reached several conclusions and recommendations, the most important of which is that the scope of application of the disciplinary punishment differs from the scope of the penal punishment. The penal crime is defined as (every illegal activity emanating from a sinful will, for which the legislator decides a criminal penalty) and the disciplinary crime is defined as (a violation of a person belonging to a legal entity with the duties assigned to him through internal regulations and instructions). The subject matter of the penal offense is aggression against society as a whole, while the subject matter of the disciplinary offense is aggression against the interest of the institution or the competent body. There is also a difference between them in terms of the authority issuing the penalty. Penal punishment, is issued by the judiciary, while disciplinary punishment is issued by the competent authority in the body or institution.

Keywords: Penal crime, disciplinary crime, public office, penal penalties, disciplinary penalties