The criminal basis for non-functional influence peddling in national legislation
Keywords:
- Exploitation. - Influence. - Non-Functional. - Criminalization. - Political. - Economic. - Social.Abstract
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.
References
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Lexicon of Law, The Egyptian Authority for Princely Press Affairs, Cairo, 1999, p. 242.
Judy Pearsall and Bill Trumble, eds., Oxford English Reference
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Hajja Abdelali: Legal Mechanisms to Combat Administrative Corruption in Algeria, PhD thesis at the University of Biskra - Faculty of Law, 2013, Algeria.
Zakir Salih Reda Al-Qadi: Criminal responsibility arising from the crime of abuse of functional influence in the Iraqi Internal Security Forces Penal Code, a master’s thesis submitted to the Alamein Institute for Postgraduate Studies, 2022.
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d. Adam Sumyan Diab Al-Ghariri: Descriptions of Early Crimes, a research published in Tikrit University Journal of Law, Volume 2, Issue 2, Part 1, 2017.
d. Maysoon Khalaf Ahmed: Crimes of Exploitation of Influence, a research published in the locality of the Faculty of Law at Al-Nahrain University, Volume 16, Issue 4, Baghdad, 2014.
Fifth. Iraqi legislation:
The Iraqi Constitution of 2005 in force.
The Baghdadi Penal Code issued in 1918 (repealed)
State Employees Discipline Law No. (69) of 1936 (repealed(.
Iraqi Penal Code No. (111) of 1969, as amended.
Military Penal Code No. (19) of 2007 in force.
The Internal Security Forces Penal Code No. (14) of 2008, as amended.
Law No. (30) of 2011, as amended, in force by the Integrity and Illegal Gain Commission.
Anti-Human Trafficking Law No. (28) of 2012 in force.
Law No. (13) of 2018 on the House of Representatives and its formations.
The Iraqi Council of Representatives Elections Law No. (9) of 2020 in force.
Instructions for cases of permissibility to refer a policeman to retirement No. (1) for the year 2012 in force.
Instructions for the Sale and Rent of Real Estate and Lands of the State and the Public Sector for Investment and Musataha Purposes No. (6) of 2017 in force.
Sixthly. Arab legislation:
Egyptian Penal Code No. (58) of 1937, as amended.
The Lebanese Penal Code No. (340) of 1943 in force.
The Syrian Penal Code No. (148) of 1949 in force.
Libyan Penal Code No. (97659) of 1955 in force.
Kuwaiti Penal Code No. (16) of 1960 in force.
Bahraini Penal Code No. (15) of 1976 in force
Yemeni Penal Code No. (12) of 1994 in force.
Tunisian Penal Code No. (46) of 2005 in force.
Seventh. Judicial decisions:
Decision of the Egyptian Court of Cassation No. 1413 / Criminal / dated 30/5/1983) (unpublished).
Decision of the Egyptian Court of Cassation No. (4323/Criminal on 21/11/1985) (unpublished).
Eighth. Electronic sources:
The decision of the Egyptian Court of Cassation No. (569 / Criminal, dated 10/10/2020) published on the Internet at the link https://egyls.com/, the date of the last visit 20/1/2023.
