Abstracts - مجله حقوقی دادگستری مقاله

چکیده:

Access to information, public education and increasing awareness, providing means and civil organizations, and providing information and protecting whistleblowers from corruption, can be among the social steps for preventing corruption. People who are informed about important government matters and decisions occupy a position that enables them to monitor the behaviors of employees in the public sector, closing the doors to corruption for them. Information spreads effectively through the idea of public education and raising the level of awareness; in this case, those who do not seek information obtain a minimum amount, while those who seek it receive a greater portion from sources. Civil organization programs aim to align civil society and its active members with anti-corruption mechanisms. Similarly, the idea of reporting and protecting whistleblowers encourages people to cooperate with anti-corruption organizations. Collusion is one of the widespread crimes in government transactions within the Iranian legal system. Government transactions in Iran are carried out through tenders or auctions, and collusion often occurs in large transactions, frequently through the following methods: submitting very high price bids to ensure a specific person wins, submitting vague, conditional, and non-competitive bids outside of the proper turn, withdrawing from the tender process, absence from the tender process, refusing to sign the contract, failure to announce the transaction evaluation, and publishing the tender announcement at a specific time. Collusion can also occur in limited tenders by canceling tender ceremonies, not mandating the tender process, or the authority to reject or accept participants' proposals. In an auction, collusion may occur in the form of an agreement between the selling official and the transaction party and submitting very low prices. Furthermore, the absence of comprehensive and clear laws and the lack of restrictions on individuals' participation in auctions create grounds for collusion in auctions. Based on Constitutional Article 139, lawsuits concerning public and government property must be referred to arbitration according to the case approved by the Council of Ministers or the Islamic Consultative Assembly. Jurists have discussed this principle from several aspects, but most of these studies concern the aspect of 'arbitration' and how to refer lawsuits to arbitration, and rarely have they looked deeply into 'public and government property' to more closely examine the nature of this type of property and identify its instances given the current regulations, especially the Commercial Law and financial accounting laws, to reach a clearer interpretation of Constitutional Article 139 from the perspective that the conditions mentioned therein apply to the subject of arbitration, not the entity of arbitration. Due to the expansion of economic exchanges and the need of government agencies to purchase domestic and foreign goods and commodities, a number of employees enter the commercial market for procurement. In return, sellers in the competitive market seek to increase their sales by enticing business management officials by paying them a percentage of the transaction price—if a government business management official is enticed to receive this amount, which usually leads to purchasing inferior goods or buying them at higher prices, he will commit a misdemeanor called 'percentage taking' (taking a percentage), which the Iranian legislator considers a crime deserving the prescribed punishment. This article aims to analyze research regarding the occurrence of this crime and to establish executive guarantees to prevent it. Remorse is one of the methods to prevent economic and commercial crimes, meaning the criminal officially cooperates with judicial officials to uncover a criminal network on the condition that the criminal is not prosecuted or the decision issued against him is not implemented. This method provides security in the economic field on one hand, and threatens economic criminals on the other. Remorse can occur before committing the crime, at its beginning, during it, or after it. In fact, the remorseful criminal negotiates and bargains with the judicial system. French law grants a kind of studied immunity to such a person. After the ratification of the Perben II law in 2004, this law is used in French law, especially with crimes related to competition rights, bribery, and organized crime. The effect of seizing property under decisions issued or based on the seizure of the required person or by temporary order prevents the accused from transferring his seized property. There are two opinions regarding the legal effects of this transfer: the invalidity of the transfer based on Article 56 of the Law of Execution of Civil Judgments, and the non-applicability of the transfer based on Article 264 of the old Code of Civil Procedure. It is believed that the first opinion, based on the detailed evidence in the article, is more likely from a legal standpoint. From a criminal standpoint, the transfer of seized property is considered an instance of disposing of seized property, which is a misdemeanor according to Article 663 of the (P.C.), and the perpetrator is sentenced to imprisonment from three months to one year.