Status of the State Official in provisional suspension for criminal proceedings

Abstract

An employee may, in the course of his professional career, commit disciplinary misconduct, and be subject to disciplinary procedure and to the application of the appropriate sanction by the competent disciplinary authority, if he is found guilty. However, such misconduct may constitute both a criminal offence under criminal law, whether it is committed in or outside the course of one’s duties.

To deal with this situation, the Algerian legislator, to be defined under the provisions of Article 174 of Order No. 06-03 of 15 July 2006 on the General Statute of the Public Service, measures to be taken against an official who is the subject of criminal proceedings, in particular by the use of the provisional suspension.                

The analysis of this article proposes to examine the legal position of the employee servant prosecuted in relation to the powers of the administration in respect of him during the suspension period and the rights guaranteed to him by law.