Crimes of Collusion and Fraud in Administrative Contracts, in Iraqi Law

Abstract

Government transactions, particularly in the field of public procurement and public contracting, constitute one of the main areas through which financial and administrative corruption may occur, due to their direct connection with public expenditure and the public interest. In this context, collusion and fraud emerge as two of the most serious forms of unlawful conduct affecting the integrity of public contracting procedures. Their consequences include undermining fair competition, causing financial loss to the state, and weakening public confidence in administrative integrity. Collusion occurs when some bidders or participants in a tender or auction coordinate their bids, prices, or roles in order to influence the award decision and ensure that the contract is granted to a specific person or entity unlawfully. Fraud, on the other hand, is manifested in the use of deceptive means, false information, or the concealment of essential facts for the purpose of obtaining the contract or securing an undue advantage during its execution.

This research seeks to clarify the legal regulation of collusion and fraud crimes within the framework of Iraqi law by identifying their forms, legal elements, and effects, and by examining the adequacy of the applicable penal and regulatory provisions in confronting them. The study focuses on public contracting as the field most vulnerable to such conduct. It concludes that, although Iraqi legislation contains scattered legal provisions relevant to these crimes, it still requires a more precise and integrated treatment, both in terms of criminalizing newly emerging practices and strengthening criminal and procedural protection of public contracts, in a manner that promotes greater transparency, integrity, and protection of public funds.