Public service employees working in government entities encounter a variety of situations in their daily interactions with the public. In some cases, certain responses may go beyond the boundaries of proper conduct and escalate into verbal abuse, insults, or even physical aggression. Although the law criminalizes such acts, it imposes explicit restrictions on initiating criminal proceedings in relation to certain offenses.
Article (9) of Criminal Procedure Law No. (23) of 2004 provides that:’The criminal action shall not be brought and no action shall be taken in the offenses stipulated in Articles 166(1) and 327 of the Penal Code, unless upon a written request submitted to the Public Prosecution by the concerned minister, or the legal representative of other public bodies or institutions or other governmental agencies, within three months after the crime and its perpetrator came to the knowledge of the applicant.’
This restriction is based on the principle that the offense is committed against the public service and the public office represented by the employee while performing their duties. Accordingly, taking the criminal proceedings is dependent upon a request or report submitted by the relevant government entity, rather than by the employee personally.
Conversely, the situation differs if a public official is subjected to physical assault or resistance by force while performing his or her duties, which are considered criminal offense under Article 167 of the Penal Code.
In such cases, the complaint or report may be filed by the public official himself (initially), as these are public offenses that the Public Prosecution has the authority to filling legal proceedings without requiring a prior request or authorization.
In such cases, the employee themselves may submit a complaint or report directly, as these offenses are considered public-right offenses over which the Public Prosecution has jurisdiction to initiate criminal proceedings without requiring a prior request or authorization.
Legal Consequences of Individual Complaints
In practice, individual complaints may sometimes be filed directly by employees of public service concerning incidents of insult or defamation occurring while they are performing their official duties, without prior coordination with the government entity to which they belong.
Such action may result to the invalidity of the complaint and all subsequent procedures based upon it, since the applicable restriction is considered a matter of public order and therefore cannot be bypassed.
Through this legal framework, the law establishes a clear mechanism for protecting public officials and the government entities and public institutions that provide services to the public. It distinguishes between verbal abuse and insults on the one hand, and physical assault or resistance against a public official while performing their duties on the other.
This distinction serves to preserve the authority and standing of public office, while also protecting the physical safety and dignity of public officials.
