الاتفاقية العربية و اتفاقية الأمم المتحدة لمكافحة الفساد : تحليل نقدي مقارن

الملخص EN

Research Objectives: The present study seeks to identify aspects of similarity, The Arab difference and variety between two Conventions of contemporary significance Anti-Corruption Convention and the United Nations Convention Against Corruption.

Research Significance: The present study offers a vision to the Arab decision-makers as they consider the development of the convention or the development of national laws.

Last, but not the least, the research study represents a scholastic contribution on anti-corruption.

Research Methodology: In conducting the present research, the authors have employed a comparative-critical-analytic approach.

Findings: The study has yielded numerous findings.

Among the latter, the following are salient: The Arab Anti-Corruption Convention, in its all 35 articles, bear identity to the U.N.

Convention Against Corruption in its all 71 articles.

This identity is in respect of phraseology, both implicitly and explicitly.

In contrast to its U.N.

counterpart, The Arab Anti-Corruption Convention is more drafting and formatting.

distinctive in two-fold spheres The Arab As against other comparable world Conventions, both these conventions Anti-Corruption Convention and the United Nations Convention Against Corruption maintain distinctiveness in twin realms: criminal and procedural.

However, minor methodological variations exist.

Among the most decisive common points of strength between both Conventions are objectives and concepts.

However, there are some exemptions.

The concept of the criminal proceeds and the definition of corruption are exempted.

The concept of the conventional administrative government employee is overlooked.

Also, corruption-related crimes are extended to include the crimes outside the spectrum of the public sector.

Criminal responsibility falling on the shoulders of the artificial person is given explicit recognition.

The impediments in connection with immunities utilization for facing the criminal prosecution related to the crimes and actions of corruption are omitted.

Moreover, the compensations against damages are realized.

Plans on ensuring protection of four categories are acknowledged.

lastly, a wide reporters, witnesses, experts and victims of elements group of measures for international security cooperation are recognized.

Recommendations: The present research, in its conclusive passage, incorporates some recommendations.

Among the latter, stress is placed on the redrafting of Preamble of the Arab Anti-Corruption Convention.

Also, suggestion is offered to review some of its Articles.