An analytical and inductive study of the punishment for the crime of bribery and the judicial jurisdiction to consider it in Iranian and Iraqi legislation

Abstract

The penalty is one of the important legal tools that the legislator relies on to protect society and preserve public order especially in the face of corruption crimes in general including bribery which has become a threat to the efficiency of administrative bodies and the integrity of governmental work This is because when bribery spreads in a country it will pose a direct threat to the principle of equality among citizens undermine trust in public authorities and weaken the ability to achieve development and justice Hence the need arose to adopt a strict criminal policy that takes the penalty as a main means for general and special deterrence in order to limit behaviors that infringe upon the integrity of public office The effectiveness of the penalty in combating and preventing bribery is based on several elements including the clarity of the criminalized texts the severity of the prescribed sanctions and its connection with ancillary or complementary measures that enhance the deterrent effect such as the confiscation of illicit gains or dismissal from office and others Moreover the speed of judicial procedures and the existence of specialized bodies to look into corruption cases including bribery contribute to establishing the prestige of the law and achieving justice.

This study addresses the topic of the penalty for the crime of bribery in Iranian and Iraqi legislations by clarifying the legal framework of each and analyzing the extent of their effectiveness in combating this crime which is considered one of the dangerous offenses that threaten the integrity of public office and the community's trust in state institutions This research reviews the penalties prescribed for this crime in both legislations and the extent to which these penalties can contribute to achieving general and special deterrence to curb this crime Additionally it clarifies the judicial jurisdiction and the courts authorized to hear these cases as well as the mechanisms of investigation and relevant judicial procedures in Iran and Iraq aiming to reach conclusions and recommendations that may contribute to developing the legal and procedural framework for combating bribery in the two countries.