جريمة الرشوة في القطاع الخاص المتعلقة بالقطاع العام في مجال العقود العامة

Abstract

The crime of bribery in the private sector is considered a corruption crime, whether at the local or global level. Previously, the scope of the crime of bribery was limited Conly to the field of public office, where the perpetrator had the special status of being a public employee or someone charged with a public service. The purpose of criminalizing it was to protect the dignity and integrity of public office, which ultimately serves to protect the status and prestige of the state. Since the state's function had evolved from its function as a guardian to its function as an intervener in all fields, including the economic field, and it began to seek assistance from the private sector in order to provide services to its citizens, or to contract with it to design, construct, and manage public facilities, or supply goods and services, it was obligatory for the legislator, as the protector of the public interest. On the one hand, and to enhance its role in combating corruption on the other hand, and in line with the international position directed towards criminalizing bribery in the private sector if it is in business related to the public sector, The Federal Integrity and Illegal Gains Commission Law No. (30) Of 2011 was issued as amended, indicating that it is considered a corruption crime. After Iraq ratified the United Nations Convention against Corruption of 2003, pursuant to law no. (35) Of 2007, the Iraqi legislator sought to amend internal legislation to harmonize this agreement, especially in light of the inability of the Iraqi Penal Code and relevant laws in this field to suppress and reduce corruption