Criminal offense committed by a public official: what disciplinary sanction?

Verified 22 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Misconduct in the performance of duties may justify a disciplinary proceedings by the administration and the criminal proceedings. Indeed, the same facts may constitute both professional misconduct and a criminal offense.

In addition, the administration may also decide to initiate disciplinary proceedings against a staff member who has been criminally prosecuted for facts unrelated to the service in the following cases:

  • The offense is incompatible with the exercise of a public office, professional honor or the quality of the staff member (e.g. a teacher in higher education, plagiarist, undermines the reputation and image of the administration and the consideration of the body to which he belongs)
  • The offense involves damage to the reputation of the administration and discredits the function performed (for example, undermining the administration’s good name: the administrative assistant who procures or the tax inspector who deals with alcohol traffickers)
  • The offense constitutes a serious breach of probity, liable to impair confidence in public action, etc. (e.g. failure to comply with statutory and ethical obligations, in particular with regard to integrity, dignity and probity, imposed on all public officials: a public official convicted on several occasions of attempted fraud, theft with destruction or damage, the seizure of property stemming from theft and the seizure of property obtained by means of fraud, drug trafficking, violence, threat and rebellion against a person in custody of public authority).

However, disciplinary and criminal proceedings are independent. Irrespective of the decision of the criminal judge, the administrative authority may decide whether or not to initiate disciplinary proceedings against the staff member.

The decision of the criminal judge of any kind (conviction, dismissal, discharge, acquittal, dismissal) does not oblige the administration to take a decision along the same lines. Conversely, the judge is not bound by the decision of the administration to sanction or not sanction the staff member.

However, the prosecution has an effect on the conduct of disciplinary proceedings.

Where the administration becomes aware of facts liable to disciplinary action, it shall must commit disciplinary proceedings within 3 years the day she knows about it.

After this period of 3 years, the facts in question are prescribed that is, they can no longer be subject to disciplinary proceedings.

However, where the agent is the subject of criminal proceedings, this three-year period is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.

Depending on the seriousness and circumstances of the misconduct, the administration may decide to to suspend the agent from his duties.

This measure is limited to 4 months.

The staff member's situation must be finally settled at the end of the 4 months, that is to say that the administration must have referred the matter to the Disciplinary Board and decided on a penalty at the end of the 4 months.

In the absence of a decision by the administration at the end of the 4 months, the staff member shall compulsorily reinstated, regardless of the seriousness of the facts and even if the disciplinary proceedings are still ongoing.

But, where the official is the subject of criminal proceedings, the administrative authority may decide not to restore it in his duties. His decision must be reasoned.

In that case, it may either provisionally assign the agent in another job, or seconding ex officio, provisionally, if it is an official, in another body or framework of uses.

If the staff member is subject to judicial supervision, such temporary assignment to another post or temporary secondment to another post or post shall be compatible with the obligations of judicial review.

The assignment or temporary secondment shall end when the staff member's situation is finally settled (i.e. when the administration has taken the decision whether or not to penalize him).

Posting or temporary secondment may also end when the progress of criminal proceedings makes it impossible to extend it (in particular in the case of pre-trial detention).

If the staff member is not reinstated, temporarily assigned or temporarily seconded to another post, the administration may to reduce his remuneration.

This deduction of remuneration may not exceed 50%. However, the family treatment supplement (FTS) continues to be paid in full.

In case of non-suit, released, acquitted or dismissed, the staff member shall be reinstated.

The administration shall draw up a report indicating the date of reinstatement. If the staff member so wishes, the administration shall communicate these minutes, within one month of their establishment, to other staff members and to users, if the staff member is employed in a job in contact with the public.

The agent is expunged managers or staff without the need for disciplinary proceedings in the following cases of condemnation:

  • Conviction resulting in disqualification from civil rights
  • Or prohibition from holding public office
  • Or conviction resulting in loss of French nationality

However, it may request his reinstatement to the administrative authority at the end of the period of deprivation of civil rights or at the end of the period of prohibition from holding public office or in the event of reintegration into French nationality.

This application for reinstatement shall be submitted to the opinion of the HEADING: titleContent. The administration is not obliged to respond favorably.