Necessity of Criminalizing Private Bribery and Corruption with Emphasis on the 1401 Penal Code Draft

Abstract

Bribery and corruption are terms used within Iran's administrative system to refer to corrupt behaviors, particularly regarding financial corruption. Corruption remains one of the major challenges for the country, as reflected in various reports. However, there is ambiguity surrounding the precise definitions of these terms. Thus, providing clear definitions and developing regulations to combat these issues is crucial. Effective actions to fight corruption, especially financial corruption, are essential to enhance transparency and accountability within Iran's administrative system and ensure the proper use of public resources. The importance of addressing private bribery, whether private bribery or private corruption, lies in the fact that financial corruption is one of the main causes of inefficiency in administrative systems. Furthermore, bribery is a crime against public security and comfort, and every government must seek appropriate solutions to address this phenomenon to maintain legitimacy and societal order. In the past, bribery could only occur in the public sector; however, with the expansion of the private sector and the transfer of many government duties to private entities, the conditions for bribery in the private sector have also emerged. Although Iranian lawmakers have not generally criminalized private bribery, Article 588 of the Islamic Penal Code refers to private corruption concerning judges and experts. However, the 1401 Penal Code Draft gives attention to criminalizing corruption in the private sector. Based on international models, particularly the Merida Convention, criminalizing private bribery has become essential. Therefore, this study emphasizes the necessity of criminalizing private corruption and analyzes this issue according to the 1401 Penal Code Draft.