Receiving Commission Fee in the Iranian and the French Law
Journal: International Journal of Nations Research (Vol.5, No. 50)Publication Date: 202/02/21
Authors : Vahid Joshan Alireza Sayibani;
Page : 71-85
Keywords : Commission Fee; Criminal Law; Total Contract; Bribery;
Abstract
Nowadays, financial corruption is one of the major problems of society in state institutions and is a type of the problems that can weaken or even destroy a country's economy. One example of financial corruption is the crime of receiving commission fee in government transactions. Today, this crime has become wider and more complex with the expansion of the administrative and bureaucratic systems and the more complex personal and social relationships. Given the adverse effects of this practice, it is a crime in many legal systems, including Iranian and French legal systems. In this article, a descriptive-analytical method has been used and it deals with the issue of receiving commission fee in Iranian and French criminal law. The results show that in both countries the act of receiving commission fee by government officials is explained as financial corruption and is considered as a criminal act. In this regard, there is no gap in the Iranian criminal law in terms of laws and regulations and relatively severe penalties have been considered for it. However, it should be borne in mind that penal measures cannot be sufficiently deterrent and preventive and the role of civil society in this area has been ignored.
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