چکیده:
Bribery and corruption are among the most important examples of corrupt crimes, to the extent that the United Nations Convention Against Corruption considers offering bribes to public officials and their bribery as the first instance of corruption and has asked member states to criminalize it in their domestic laws. These crimes, which are usually considered among the crimes against public security and peace in legal language, cause public trust in government agencies to be lost, and the healthy process of government affairs is damaged, and individuals abuse privileges for themselves that they do not deserve. In this article, the constituent elements of these crimes are examined in domestic laws and the United Nations Convention Against Corruption and compared with each other. Also, criminal responses related to these crimes are examined, and legislative defects in this area are identified and suggestions are made to address them.
خلاصه ماشینی:
From the Law for Intensifying the Punishment of Perpetrators of Bribery, Embezzlement, and Fraud: Article 3- Any of the employees and agents of the government, including judicial and administrative ones, or councils, municipalities, revolutionary institutions, and in general, the three branches of government, as well as the armed forces, state-owned companies, or government organizations affiliated with the government, or agents providing public services, whether official or unofficial, for doing or not doing something related to the aforementioned organizations, directly or indirectly accepts money, property, or a document for payment of money or delivery of property, shall be considered a bribe taker, regardless of whether the aforementioned matter is related to their duties or to another agent in that organization, whether they have done the work or not, and whether its performance was according to fairness and duty or not, and whether they were effective in its performance or non-performance, they will be punished as follows.
Article 592 - Anyone who knowingly and intentionally, in order to take action on a matter or refrain from performing a matter that is the duty of the persons mentioned in Article (3) of the Law for Intensifying the Punishment of Perpetrators of Bribery, Embezzlement, and Fraud approved on 15/9/1367 by the Assembly of Experts, gives money, property, or a document for payment of money or delivery of property directly or indirectly, shall be considered a briber and, as punishment, in addition to confiscation of the property resulting from bribery, shall be sentenced to imprisonment from six months to three years or up to (74) lashes.
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