Preventing THE CRIME OF Conflict of Interest in the Iraqi and Algerian Legal Systems

Abstract

Abstract Conflict of interest as one of the main causes of administrative corruption. It occurs when a public official\\\\'s private interests override their legal duties and negatively affect the integrity of decision-making. This study seeks to answer the question of how legal frameworks for preventing the crime of conflict of interest are defined in Iraqi and Algerian criminal law, and what are their shortcomings? To answer this question, the researcher collected the texts of the constitution, anti-corruption laws, and administrative regulations in both countries, and evaluated them using a content analysis approach. Subsequently, the main articles were compared on three levels of prevention: constitutional, administrative, and criminal. The results indicate the following: 1-The Iraqi legislator, in the Integrity and Illicit Gains Commission Law No. 30 of 2011 as amended, provides a relatively limited definition of conflict of interest, whereas there is no explicit legal definition for this concept in the Algerian legal system. As a result, the limited scope of the definition in Iraq and its complete absence in Algeria leads to ambiguity and difficulty in interpreting and applying regulations. 2- The Algerian legislator, in the Prevention and Combating of Corruption Law No. 06_01 of 2006, relies on the transparency of economic procedures by criminalizing conflict of interest (Article 34) and requiring asset disclosure (Article 36). 3- There are common gaps in both countries, such as the lack of objective standards for defining conflict of interest, weak research capabilities, and the absence of an independent oversight body. The research summary emphasizes the need to formulate a precise legal definition in Algerian law, in addition to expanding the scope of persons covered, strengthening institutional coordination, and establishing uniform penalties in both countries, which could significantly improve the effectiveness of the criminal policy for combating corruption and public trust. © 2023 TUJR, College of Law, Tikrit University