The criminal basis for non-functional influence peddling in national legislation

Abstract

The phenomenon of exploitation of non-functional influence is one of the serious phenomena that the Iraqi legislature did not criminalize, limiting itself to criminalizing the exploitation of functional influence only, although it leads to the same criminal result, and despite its difference from crimes against the duties of public office, the Iraqi legislator neglected the sources Other influences, such as political influence, social influence, and economic influence, whether its influence is real or alleged, because the spread of non-functional influence is due to several reasons, the most important of which is the absence of punitive legislation, and weak government administration, which makes the abuse of influence have a negative impact on all levels in the state. Therefore, international legislation, such as the United Nations Convention against Corruption, and national legislation, such as the Egyptian, have tended to criminalize these behaviors, and this is what prompted us to demand that they be criminally confronted in Iraq.