نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوقِ، دانشکده ادبیات و علوم انسانیِ دانشگاه ملایر، ایران، ملایر
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The 2003 Convention against Corruption has established specific arrangements 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. Also, the Promoting Administrative Health and Combating Corruption Act approved in 2011 with subsequent amendments, in Article 11, has obliged the judiciary to review the criminal laws related to the crimes covered by this Act within one year and announce them in a bill. 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, exerting influence, etc, in our current penal legislative system? In this regard, it is necessary to make sufficient use of the provisions contained in the Merida Convention, which provides for different and appropriate elements and conditions for crimes, as well as the laws of some countries, such as Egypt. The commission of crimes by private enterprises, the necessity of property being the "subject" of 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 the crime are among the most important current and common challenges of corruption-related crimes in our penal system, which need to be anticipated in future legal reforms in line with the Promotion of Administrative Integrity Act, the Merida Convention and the new approach in the penal system of Islamic countries such as Egypt.
کلیدواژهها [English]
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