جريمة الرشوة في القطاع الخاص المتعلقة بالقطاع العام (دراسة مقارنة)

The Crime of bribery in the private sector related to the public sector (comparative study)

The crime of bribery is no longer confined to the scope of employment in the public sector, Rather it leaked to the private sector facilities as a result of the increased intervention of the latter in satisfying the needs of individuals, competition in providing services to the public. And after the spread of the crime of bribery, whether in the public sector or the private sector, assertions indicator that causes concern. This is due to the vibration of the value system within the members of society. And deviation from the rules of morality. As result of the spread of the crime of bribery in the private sector and the conviction of those responsible for drawing up the united nations convention against corruption and its parties. Corruption is no longer a local matter, but rather an international phenomenon that affects all international communities. Therefore the responsibility to combat it lies with all states party to the agreement. Member states have tended to criminalize this type of bribery in binding international agreements. Indeed, the Iraqi legislator has criminalized bribery in the private sector in implementation of the international obligations arising from it as a result of its accession to the united nations convention against corruption in 2007 in addition to achieving a high level of harmonization with the system of international legislation although this agreement didn’t, obligate the states parties to criminalize bribery in the private sector ,but rather made it optional and this is in contrast to the Arab Anti corruption convention of 2010 ,where the states parties are obligated to criminalize but what is noted is that the Iraqi legislator criminalizes this crime is limited to bribery in the private sector in the work related to the public sector whether national or foreign which means that bribery committed in the private sector research is permissible and doesn’t constitute any legal accountability for its perpetrators .In order to subject workers in the private sector to the criminalization text of the penal code he considered them to be entrusted with a public service and did not provide a punishment specific to them although the integrity and illicit gain law is concerned with the work of the authority the legislator included this crime in it due to the danger of its perpetrators to the sector working in it does not differ much from the bribery committed by the employee in terms of abuse of trust granted to them destabilization of the confidence of individuals dealing with this sector and loss of justice in receiving and satisfying services, Because of the seriousness of the crime under study, the Iraqi legislator worked on delegating the investigation and investigation to the integrity commission, represented by its directorates and investigative offices in the governorates, similar to other corruption cases, nothing that the integrity commission employees are in the process of investigating and investigating this crime so they are subject to the oversight of the investigating judge in charge of cases integrity and a member of the public prosecution specialized in integrity issues as well.The seizure records have a major role in convicting the bribed worker and imposing punishment on him by affecting the emotional conviction of the courde while it is to address, Law enforcement bodies bear the burden of legality of evidence necessary to prove the crime of bribery in the private sector.
Accordingly we call on the Iraq legislator to criminalize bribery in the private sector that is not related to the public sector ( purely ) in order to remedy the legislative deficiency that has occurred and to achieve a high level of harmonization with the international system . The work of the authority and its competence