جريمة الواسطة و المحسوبية و المحاباة "وفق القرار بقانون رقم (37)‎ لسنة 2018 المعدل لقانون مكافحة الفساد الفلسطيني"

الملخص EN

The crime of intermediation, favoritism and nepotism is one of the new crimes in the Palestinian criminal legislation.

It has not been covered by the legislator in the Jordanian Penal Code No.

16 of 1960 implemented in the West Bank.

Nor has it been covered by the Egyptian Penal Code No.

74 of 1936 applied in the Gaza Strip.

It has only been covered within the rulings of the bribery crime.

In turn, these rulings have not been regulated by the legislator in the Illegal Earning Law No.

1 of 2005 which has been referred to later as the Anti-Corruption Law after the amendment made to the law in accordance with Resolution No.

7 of 2010 on which the crime of instrumental intermediation and favoritism has been classified as a form of corruption.

However, its regulation in its final form and granting it privacy in terms of describing criminalization and the penalty for its imposition have not made clear except in Resolution No.

37 of 2018.

The importance of the study lies in the fact that it is the first study (up to my best knowledge) that deals with this crime after the fundamental amendments that have introduced to its rules in regard to implementing the aforementioned law.

This has nictitated investigating it and clarifying its consequences, whether in terms of concept, punishment or description of criminalization.