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

Verified 05 December 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

A fault committed in the exercise of duties may lead to disciplinary procedure on the part of the administration and criminal proceedings. Indeed, the same facts may constitute both professional misconduct and a criminal offense.

In addition, the administration may also 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 function, professional honor or the quality of the staff member (e.g. higher education teachers who commit plagiarism undermine the reputation and image of the administration and the consideration of the body to which they belong)
  • The offense carries damage to the reputation of the administration and brings into disrepute the function performed (for example, undermines the good name of the administration: the administrative assistant who engages in pimping or the tax inspector who maintains relations with alcohol traffickers)
  • The offense constitutes a serious breach of probity, likely to impair confidence in public action, etc. (for example, failure to comply with statutory and ethical obligations, in particular with regard to integrity, dignity and probity, which are binding on all public officials: an official convicted on several occasions of attempted fraud, theft with destruction or degradation, concealment of property obtained through theft and concealment of property obtained through fraud, drug trafficking, violence, threats and rebellion against a person holding public authority).

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

The decision of the criminal court of any kind (conviction, dismissal, acquittal, acquittal) 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 to sanction the agent.

However, public action has effects on the conduct of disciplinary proceedings.

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

After this period of 3 years, the facts at issue are prescribed, i.e. they can no longer be subject to disciplinary proceedings.

However, where the facts give rise to criminal proceedings, 3-year delay is interrupted until the final decision of dismissal, dismissal, acquittal, discharge or conviction.

Depending on the gravity and circumstances of the fault, the administration may decide to suspend the official from his duties.

This measure is limited to 4 months.

The situation of the agent 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 sanction at the end of the 4 months.

In the absence of a decision by the administration at the end of the 4 months, the obligatorily reinstatedregardless of the seriousness of the facts and even if the disciplinary proceedings remain ongoing.

But, when the officer is the subject of criminal proceedings, the administrative authority may decide not to restore it in its functions if the measures decided by the judicial authority or the interests of the service prevent it.

The decision of the administrative authority must be reasoned.

In this case, the administrative authority may either provisionally assign the agent in another job, or, in the case of a public servant, secondment ex officio provisionally, in another body or framework of jobs.

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

The temporary assignment or secondment ends when the staff member's situation is finally resolved (i.e. when the administration has decided whether to sanction him or not).

Temporary assignment or secondment may also end when developments in criminal proceedings make it impossible to extend it (e.g. in the case of pre-trial detention).

Where the official is not reinstated and is temporarily assigned or seconded to another post, body or framework, the administration may reduce your pay.

This withholding of remuneration may be at most 50%. However, if the staff member receives a Family Treatment Supplement (FTS), this element of remuneration shall continue to be paid in full.

In the event of a mistrial, discharge, acquittal or exoneration, the staff member is reinstated.

The administration shall draw up a report indicating the date on which the official is reinstated.

If the official so desires, the administration shall, within one month of its establishment, communicate the minutes to the other officials and to the users, if the official is employed in a position in which he is in contact with the public.

In the subsequent cases of conviction, the agent is deregistered from management or staff without the need for disciplinary proceedings:

  • Conviction resulting in the forfeiture of civil rights
  • Prohibition by court order of public employment
  • Loss of French nationality.

However, it may apply for 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 exercising a public employment or in the event of reintegration into French nationality.

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