Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Analyzing the Capacity of Iran's Legal System in Preventing Corruption by Looking at Some International Documents

Document Type : Original Article

Authors
1 Assistant Professor, Department of Law, Payame Noor University, Tehran, Iran. (Corresponding Author)
2 Assistant Professor, Department of Law, Payame Noor University, Tehran, Iran.
3 Ph.D Student, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
10.22034/jccj.2023.419765.1404
Abstract
Corruption is a form of dishonest and criminal behavior that is committed by government employees by abusing their authority in order to gain personal or other benefits. On the other hand, a solution should be thought of to reduce the scope of committing corruption. Therefore, the role of non-criminal prevention becomes important. Although the prevention approach to the issue of corruption is a long-term plan for the fight against corruption, it is undoubtedly a more effective solution in the fight against administrative corruption. In the field of fighting corruption in administrative and financial processes, preventive solutions should not be ignored and only a short-term view of the issue of corruption prevention should be taken. The United Nations Convention against Corruption has also paid special attention to non-criminal prevention. In addition, according to the fifth paragraph of Article 156 of the Constitution, one of the duties of the judicial system is the prevention of committing a crime, or non-criminal prevention. At the same time, the Law on Improving the Administrative Health System and Combating Corruption has been approved based on the Merida convention, which in a way makes it possible to use the achievements and guidelines of this organization to fight corruption. The fight against corruption should be one of the priorities for the set of executive bodies, and the structure of the set of executive bodies, special conditions and the local situation should be reviewed and renewed in this case.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 481-492

  • Receive Date 31 August 2022
  • Revise Date 03 October 2022
  • Accept Date 21 December 2022
  • Publish Date 20 February 2023