نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق، دانشکده ادبیات و علوم انسانی،دانشگاه ملایر،ملایر، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The 2003 Convention against Corruption has established specific arrangements for governments to combat administrative corruption. Our country became a member of this convention in 2008 and has committed to updating and amending its laws related to corruption, especially in the area of the elements and conditions of related crimes. The present study, using a descriptive-analytical method and a comparative approach, attempts to answer the fundamental question of what are the most important common substantive challenges of corruption-related crimes such as bribery and corruption, embezzlement, influence peddling, etc. in our current criminal legislative system? In this regard, it is necessary to take necessary and sufficient advantage of the provisions contained in the Merida Convention, which foresees different and appropriate elements and conditions for crimes, as well as the laws of some countries such as Egypt. The commission of a crime by private enterprises, the necessity of financial "belonging" to the crime, the relevance of the subject of the agreement to the duties of the perpetrator (employee), the lack of punishment for the patron, and the legal requirement of exchanging property in establishing a crime are among the most important current and common challenges of corruption-related crimes in our criminal system, which need to be anticipated in future legal reforms in line with the Law on Promoting Administrative Integrity, the Merida Convention, and the new approach in the criminal system of countries such as Egypt.
کلیدواژهها [English]
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