الفهرس | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص Corruption is one of the phenomena that have spread in the joints of the Iraqi state, where it had many negative repercussions socially, economically and culturally, it constituted a burden on it in all fields of life, especially after the change of the regime in (9/4/2003), after the rule of internal unrest, this phenomenon found a fertile place for it by some corrupt people, as well as other reasons related to the approach of the Iraqi legislator and comparative towards these crimes, and whether a criminal policy has been developed for it by compiling laws in one system and what is the seriousness of this Crimes on security and stability and what are their effects on the relationship between the individual and the state. This research deals with the policy of the Iraqi legislator and comparative criminal legislation regarding the rampant corruption crimes and the possibility of combating these crimes and what are the proposed ways to curb this phenomenon and study the factors that help to confront it because of its significant impact on the overall life. The problem of research is the lack of effective Iraqi criminal legislation as well as other legislation, the extent of its integration or inadequacy in addressing the crime of corruption, and the extent to which legislation is consistent and responsive to the United Nations Convention against Corruption. To this end, the following methodology has been followed: The approach used for this research is the comparative analytical approach between the Iraqi legislation and the French and Egyptian legislation, and the United Nations Convention on Corruption, as well as will rely on the applied approach through the position of the judiciary and other parties concerned with addressing corruption, comparison, analysis and discussion of these trends and linking them to the practical reality to reach the benefit of research in the field of the subject of legislative shortcomings in the face of financial corruption crimes, as we tried to supplement the shortage in some issues neglected by the Iraqi legislator and did not address them except with the help of comparative legislation, and these The methodology we find the most consistent with the nature of this research by dealing with a provision in national texts and comparing them with the provisions contained in the laws in question. The letter has been divided into two chapters. Part I: Substantive provisions for the criminalization of acts of corruption Chapter One: Original Corruption Crimes Chapter Two: Ancillary Corruption Crimes Part Two: Criminal Procedural System for Corruption Crimes Chapter I: Criminal Proceedings in the Pre-Trial Phase Chapter Two: International Cooperation to Combat Corruption At the end of the research, I reached a set of recommendations and results, part of which is Establishing the system of prosecution of companies, strengthening and implementing bribery laws, whether domestic or international, and supporting government and e-governance. The existence of a number of articles in the Iraqi Penal Code in force needs to be aggravated, and the penalty prescribed for those who fail to submit the form without a legitimate excuse under Article (19) I of the Iraqi Commission of Integrity Law does not achieve sufficient deterrence for the perpetrators of these crimes. We propose to the Iraqi legislator, in order to avoid shortcomings in the legislation regarding the issue of asset recovery, to enact a separate law regulating the issue of asset recovery, consisting of a minimum of three chapters, including in the first chapter the methods and methods of investigating smuggled money and how to seize it at the international level, and the second chapter includes methods of recovering smuggled funds, and the third chapter deals with the mechanisms for returning funds and the expenses resulting therefrom. The criminalization of bribery and embezzlement in the private sector is limited to the United Nations Convention on Corruption and the Arab Convention against Corruption, unlike agreements between other countries, where they were limited to criminalizing them in the light of the public sector. Criminal policy at the international level to combat corruption is either a topic. |