نوع مقاله : مقاله پژوهشی
نویسنده
استاد گروه حقوق کیفری و جرم شناسی، دانشکده حقوق دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The ominous phenomenon of active and passive bribery has long existed in human society by corrupt people, especially in the position of judges, and the perpetrators have been severely dealt with. This phenomenon has been condemned in the poems of Persian language poets. Efforts to fight this crime - which is one of the obvious examples of administrative corruption - have caused it to be addressed in some international treaties and laws of many countries, which are described in this article. In Iran, the "General Penal Code" in 1304 dealt with active and passive bribery in ten articles (139 to 148), and these provisions sometimes underwent changes. Currently, the regulations regarding these crimes can be found in "Islamic Penal Code - Book V: Taezirat and Deterrent Punishments" and "Code for Aggravation of Punishment for Bribery, Embezzlement and Fraud" and some miscellaneous laws. In this article, while providing a definition of these crimes and analyzing their constituent elements, the gaps and shortcomings of Iran's laws have been examined and, using what is foreseen in the laws of other countries and international treaties, solutions to improve Iran's laws and to expand the definition of these crimes, in line with a more decisive fight against administrative corruption, have been proposed.
کلیدواژهها [English]
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