Dr. Fridja Mouhammed Hicham
Senior lecturer “A” – in Public Law – Faculty of Law and Political Science – University of Mohammed Boudiaf – M’sila – Algeria

Abstract:

The execution of administrative decisions towards the administration is, in general, one of the responsibilities of the public servant. However, the latter can refrain from it, which engages his criminal liability regardless of civil and disciplinary responsibility. This is the main focus of this research, which aims to explicate this responsibility in detail.
This research also aims to shed light on the concept and nature of the criminal responsibility of public servants who refrain from executing an administrative judicial decision, and attempts to find legal means to limit this action as a crime punishable by law. Hence, it requires answering the problematic related to the criminal liability foundations of the public servant who refrains from executing an administrative judicial decision.
The study follows the descriptive analytical approach as well as the comparative approach through comparing the Algerian legislator’s view of public servant’s criminal liability with the comparative legislations. It also highlights the importance of executing an administrative judicial decision, the methods and arguments of public servant to refrain from executing an administrative judicial decision and his criminal liability.
The research also included a set of results and proposals, the most important of which is the necessity of the public servant to execute the decisions of the administrative judge in order to respect the sanctity of judicial decisions and the stability of legal status, with the possibility of compensation by the administration to the injured party as a result of the public servant’s refusal to execute administrative decisions.

Keywords: judicial decision, obligation, public employee, abstention, punishment.

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