التحري عن جرائم الفساد : دراسة مقارنة بين القانونين الفرنسي و العراقي

الملخص EN

The investigation of crimes of corruption - a comparative study between the French and Iraqi laws .That administrative corruption offenses are serious crimes which inherently requires a concerted international effort to confront these kinds of crimes, and we believe that the best way for international cooperation in the field of the fight against this crime, starting from the stage of investigation and collection of evidence about corruption.

And it is known that the United Nations Convention against Corruption in 2004, entered into force on 14.12.2005 .ouhat that this agreement refers to the necessity that each State party and in accordance with the fundamental principles of its domestic law establishing measures and systems to facilitate the public servants to inform the relevant authorities about acts of corruption when they come to their notice of such acts during the performance of their jobs.

Also, require this agreement should be that each State party to include its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who in good faith and on reasonable grounds, to inform the competent authorities any facts concerning offenses established in accordance with the provisions of the Convention.

And where it is under Article 55 of the French Constitution, international treaties bumper s duly integral part of national law and prevail over any contrary provision in this law.

France has ratified the United Nations Convention Against Corruption in July 11, 2005 and deposited the instrument of ratification on 11 December / December 2005.

And entered the Executive Law, which was published in the Official Gazette on July 5, 2005 came into force on 14 December /.

December 2005.

Also, the Iraqi legislature has ratified the Convention on the Law No.

35 Date of 08/12/2007 Legislation ,It is the law of accession of the Republic of Iraq to the United Nations Convention against Corruption in 2004 Published in the Iraqi Gazette number number: 4047.

The first article, which stated in part: (join the Republic of Iraq to the United Nations Convention against Corruption in 2004, which entered into force on 12.14.2005.).

This research is an attempt to compare the position of both the French and Iraqi lawmakers about taking the necessary measures to implement this Convention at the stage of investigation and evidence collection in order to benefit from the experience of the French legislature to fill the shortage in the Iraqi legislation.