فعالية عقوبة الغرامة في جرائم الفساد

الملخص EN

The research studies the corruption crimes and their sanctions especially the penalty fine in order to understand its effectiveness facing the increase of corruption offenses, so we started by defining the penalty fine and the purpose of its promulgation as a penalty aimed to obtain justice and deterrence, then the mechanisms to determine it: there is a specific fixed fine and a relative fine.

We have seen that the legislator took the specific fine from a minimum to a maximum, and we concluded that it was ineffective in obtaining justice and deterrence because of its insignificance and it was unrelated to the products of corruption, being conditioned, it does not orb the profit resulting from the crime sought by the employee.

Unlike the relative fine, this is in accordance with the nature of the corruption offenses and the rationality of the corrupt people; they are very effective because they are not fixed it is counted by the multiplication of the fine, which is the product of crime or the perceived or possible profit to a multiplier which at least orbs the proceeds of crime.