چکیده:
Non-criminal prevention is considered as one of the major approaches to criminal policy. The situational prevention has a significant impact on reducing crime due to the effect it has on the criminogenic situation. Regarding legal context، the importance of such prevention is well-established in Convention and in Iran’s law. Techniques for protecting or strengthening a victim or a potential target، Making committing crime difficult through difficult access to potential targets and …، have assigned some articles in Mérida convention and Iranian legal text to themselves. However، the lack of specialized institution and a comprehensive law to prevent on Iran’s law is crystal clear and the need for these measures is shown more than ever before. But reaching this point، before taking any action، highlights the necessity of dissecting situational prevention of corruption and bribery in Iran's law and Merida Convention، which is reviewed in this article.
خلاصه ماشینی:
A Comparative Study of Situational Prevention of the Crime of Bribery in Iranian Law and the Merida Convention Dr. Seyed Hossein Hosseini Assistant Professor, Department of Law, Ferdowsi University of Mashhad Mohammad Masoud Molazemian PhD Student in Criminal Law and Criminology, Islamic Azad University, Mashhad Abstract Non-criminal prevention is considered one of the important approaches in criminal policy.
According to Clause A of Article 1 of the Law on Promoting the Integrity of the Administrative System and Combating Corruption, approved on 1390/8/7 by the Expediency Discernment Council, "any act or omission by any natural or legal person, individually, collectively, or organizationally, which is intentionally and with the aim of obtaining any direct or indirect benefit or privilege for oneself or others by violating national laws and regulations, or causes damage or loss to property, interests, resources, or the public health and security or collective security of the people, such as bribery and corruption,....
The legal bill regarding the prohibition of interference by ministers, members of both houses of parliament, and government employees in government and national transactions, approved on 1959/01/12, can also be considered another example of situational prevention methods in crimes based on financial corruption and bribery.
The existence of this law and the aforementioned prohibition therein plays an important role in preventing economic crimes, because individuals with political authority may exploit this position and status, and by prioritizing individual interests over public interests, create the grounds for financial corruption and bribery (Hosseini, 2011: 173).