نوع مقاله : علمی و پژوهشی
نویسندگان
1 استادیار گروه حقوق کیفری و جرم شناسی دانشکده حقوق دانشگاه قم
2 استادیار گروه حقوقِ دانشکده علوم انسانیِ دانشگاه ایلام، ایران، ایلام
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The present article, which uses a descriptive-analytical method and a comparative approach and deals with the crime of bribery in Iranian, English and Welsh Law, shows that bribery in Iranian law is only related to the state and public sector’s employees and will not include private personnel of companies and institutions; while in the English and Welsh law, some personnel of private institutions may also be convicted of bribery. Furthermore, contrary to English and Welsh law, which is regarded the demand or acceptance of the offer by the employee as bribery, the criminal behavior of this crime in Iranian law can only be realized by giving and receiving property or property payment’s document; a subject that restricts the realization of this crime and so attempted bribery will be realized only when perpetrator committed the receipt of property, but for some reason beyond his will, they could not get it. Finally, the subject of the crime of bribery in Iranian law is property or property payment’s document, and therefore, according to the narrow interpretation of penal laws, it will not include the receipt of advantages and financial and non-financial services; while in English and Welsh law, the realization of bribery is not limited to property and even benefits and financial services, but also includes any financial and non-financial advantages. Therefore, it is suggested that Iranian legislator reviews the realm of the actus reus of bribery.
کلیدواژهها [English]
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