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العنوان
مكافحة جرائم الفساد في القانون العراقي والمقارن :
المؤلف
عبد الربيعي، أيمن ثابت.
هيئة الاعداد
باحث / أيمن ثابت عبد الربيعي
مشرف / نبيل مدحت سالم
مشرف / جميل عبد الباقي الصغير
مشرف / السيد محمد عتيق
الموضوع
القانون الجنائي.
تاريخ النشر
2022.
عدد الصفحات
380ص. :
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2022
مكان الإجازة
جامعة عين شمس - كلية الحقوق - قسـم القانون الجنائي
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 379

from 379

المستخلص

Corruption is one of the phenomena that have spread
in the joints of the Iraqi state, where it had many
negative repercussions socially, economically and
culturally, it constituted a burden on it in all fields of life,
especially after the change of the regime in (9/4/2003),
after the rule of internal unrest, this phenomenon found a
fertile place for it by some corrupt people, as well as other
reasons related to the approach of the Iraqi legislator and
comparative towards these crimes, and whether a criminal
policy has been developed for it by compiling laws in one
system and what is the seriousness of this Crimes on
security and stability and what are their effects on the
relationship between the individual and the state. This
research deals with the policy of the Iraqi legislator and
comparative criminal legislation regarding the rampant
corruption crimes and the possibility of combating these
crimes and what are the proposed ways to curb this
phenomenon and study the factors that help to confront it
because of its significant impact on the overall life. The
problem of research is the lack of effective Iraqi criminal
legislation as well as other legislation, the extent of its
integration or inadequacy in addressing the crime of
corruption, and the extent to which legislation is consistent
and responsive to the United Nations Convention against
Corruption. To this end, the following methodology has
been followed: The approach used for this research is the
comparative analytical approach between the Iraqi
legislation and the French and Egyptian legislation, and the
United Nations Convention on Corruption, as well as will
rely on the applied approach through the position of the
judiciary and other parties concerned with addressing
corruption, comparison, analysis and discussion of these
trends and linking them to the practical reality to reach the
benefit of research in the field of the subject of legislative
shortcomings in the face of financial corruption crimes, as
we tried to supplement the shortage in some issues
neglected by the Iraqi legislator and did not address them
except with the help of comparative legislation, and these The methodology we find the most consistent with the
nature of this research by dealing with a provision in
national texts and comparing them with the provisions
contained in the laws in question. The letter has been
divided into two chapters. Part I: Substantive provisions
for the criminalization of acts of corruption Chapter One:
Original Corruption Crimes Chapter Two: Ancillary
Corruption Crimes Part Two: Criminal Procedural System
for Corruption Crimes Chapter I: Criminal Proceedings in
the Pre-Trial Phase Chapter Two: International
Cooperation to Combat Corruption At the end of the
research, I reached a set of recommendations and results,
part of which is Establishing the system of prosecution of
companies, strengthening and implementing bribery laws,
whether domestic or international, and supporting
government and e-governance. The existence of a number
of articles in the Iraqi Penal Code in force needs to be
aggravated, and the penalty prescribed for those who fail to
submit the form without a legitimate excuse under Article
(19) I of the Iraqi Commission of Integrity Law does not
achieve sufficient deterrence for the perpetrators of these
crimes. We propose to the Iraqi legislator, in order to avoid
shortcomings in the legislation regarding the issue of asset
recovery, to enact a separate law regulating the issue of
asset recovery, consisting of a minimum of three chapters,
including in the first chapter the methods and methods of
investigating smuggled money and how to seize it at the
international level, and the second chapter includes
methods of recovering smuggled funds, and the third
chapter deals with the mechanisms for returning funds and
the expenses resulting therefrom. The criminalization of
bribery and embezzlement in the private sector is limited
to the United Nations Convention on Corruption and the
Arab Convention against Corruption, unlike agreements
between other countries, where they were limited to
criminalizing them in the light of the public sector.
Criminal policy at the international level to combat
corruption is either a topic.