الدور التشريعي في إعاقة مكافحة جرائم الفساد

Abstract EN

Corruption has become a global phenomenon that can come with different types identified by certain criteria established by researchers in this field.

there is an organized and unintended corruption, big and petty corruption, internal and external corruption.

with regard to the field in which corruption occurs, there is moral, social, cultural, administrative, financial, political, economic and judicial corruption and so on.

administrative and financial corruption is among the most common types in developing countries such as Iraq.

although these countries enact the needed legislation to address anti-corruption and strive to achieve this goal, by passing laws that regulate the different procedures and penalties in this field, however, these laws have often been found to be inadequate to encounter corruption.

in fact, these laws might become an obstacle in the way of encountering corruption as they should because of the slowness in modifying provisions of these laws to stop the constant growth of corruption and its various means.

the Iraqi criminal legislature has ignored the fact to illegalize many acts in this context, such as illegalizing the abuse of power and bribery of a private employee.

in addition, illegalizing the international employee’s acts who has become to have a major influence on the economies of countries.

Iraq was significantly impacted by the corruption that had occurred during the oil-for-food program in the late nineties of the last century and the beginning of this century.

there is another obstacle in path of anti-corruption which lies in the lack of response by the legislator to the global efforts, such as the lack of response to the international convention against corruption (2004), in which Iraq has become a member in 2006.

in addition, there are several financial and accounting regulations that have led to corruption.

not to mention the absence of a court that has jurisdiction to address corruption crimes.

all these factors are considered to be legal obstacles to the anti-corruption process.