Corporate Criminal Liability for Administrative Corruption

Abstract

This study examines the topic of corporate criminal liability for administrative corruption offenses, as one of the modern subjects imposed by economic developments and the expanding role of legal persons in public life. The study aims to demonstrate the extent to which criminal liability can be attributed to companies when involved in administrative corruption practices, to determine the scope of such liability and the conditions for its fulfillment, as well as to assess the effectiveness of legally prescribed penalties in curbing this phenomenon.The study proceeds from a main problem: To what extent can companies be held criminally liable for administrative corruption offenses? This gives rise to sub-questions concerning the scope of such liability, the conditions for its attribution, and the adequacy of legal penalties in achieving deterrence. The study adopted an analytical methodology by analyzing relevant legal texts, particularly the provisions of the Iraqi Penal Code, and examining the trends of legal doctrine in this field.The study concluded that recognizing corporate criminal liability is a necessity imposed by the requirements of modern criminal policy, especially in light of the increasing cases of corruption associated with major economic entities. It also found that the Iraqi legislator has affirmed such liability within certain limits, most notably the requirement that the act committed must be carried out by the company's representatives and on its behalf, with penalties limited to fines, confiscation, and preventive measures. The study concludes that activating corporate criminal liability contributes to enhancing transparency and combating administrative corruption; however, this requires developing the legislative framework, expanding the scope of penalties to achieve effective deterrence, as well as strengthening oversight and compliance mechanisms within companies.