المسؤولية المدنية للمرفق الأمني عن أخطاء منتسبية (دراسة مقارنة)

The civil liability of the security facility for the mistakes of its affiliates (a comparative study(

The main idea of the research comes from the role played by the employees of the security facility through the implementation of their duties and responsible for providing security and safety for citizens, which may result in intentional or unintentional abuse during the performance of duty and when using the authority entrusted to them by law, and in the event that their act is classified within Mistakes thus lead us to the establishment of civil liability for damages, whether material or moral, which were inflicted on the victim, which sometimes requires accountability and compensation, as well as an indication of the role of the responsibility of the subordinate for the act of the subordinate in the light of the relationship between the affiliate on the one hand and the security facility on the other, which will be studied in current search.
The aim of the research is to reveal a mechanism to ensure the right of those affected by the mistakes of the employees of the security facility in light of what is observed in the judicial reality of the existence of obstacles accompanying the lawsuit of the aggrieved person against the employees of the security facility, which causes many to refrain from claiming their right to redress the damage they have suffered. The problematic of the research was to find the most comprehensive, broad and complete legal rules for adopting cases of tort liability for security facility employees and explaining their provisions and trying to find ways to achieve them by security facility employees between community security on the one hand and not affecting the rights of individuals or exposure to their freedoms. The researcher followed the comparative approach and the descriptive approach with Adopting the analytical study by presenting the views of comparative jurisprudence that dealt with the subject, while looking at the texts of similar laws in relation to research in Iraq with comparative countries such as Egyptian and French law, as well as standing on some judicial applications to show the relationship between the research variables as they represent the cornerstone in determining Responsibility and extent of shortcomings in an effort to find the best and best solution for all parties when filing a lawsuit.
As for the scope of the research, it was specified in the error that is attributed to the employees of the security facility for the harmful act that it causes, so several legal effects are generated, as a consequence of which the fulfillment of its civil responsibility, which results in a right for the victim to claim compensation for the damage he suffered.
The research plan was defined for the purpose of presenting the research after it in order to address all its dimensions. The study topics were collected in an introduction that showed the structure and method of the research, and then the research was divided into two main chapters and their branches.
One of the most important results is that the Iraqi legislator, Article (220), permitted the follower to return to the follower for what he included, and the first was to restrict the right of the follower to return to the follower within the limits of the latter’s responsibility to compensate for the damage or when he commits a serious mistake. As for the Egyptian, he adopts a general rule in the personal tort liability of his affiliates The security facility is the text of Article (163) of it, which stipulates that every illegal act that causes harm to others requires compensation, (The person responsible for the work of others has the right to refer to him as stipulated). The work of others has the right of recourse against him within the limits in which the third party is responsible for compensation for the damage). As for the French Civil Code, it assured the follower the right of recourse against a follower in the event that he committed a serious mistake. One of the most important recommendations for the security facility is to provide audio-visual equipment through which the recording is made The circumstances surrounding the arrest or search process conducted by the member of the security facility, because it achieves many benefits, including that achieving this matter is one of the most important means of protection for the security facility’s employees, and it also provides additional evidence for the victim to be used when needed in the trial.
It also documents the extent to which any of the reasons for conviction or exemption are available to the member in various circumstances and facts while carrying out his security procedures.