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Ministry of Higher Education and Scientific Research

College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082

Criminal prosecution of bribery in the private sector (a comparative study)

Zuhair Hashim

Abstract

Many modern international laws have criminalized bribery in the private sector in all its forms, not limiting criminalization to public officials only. Therefore, the Iraqi legislature focused on criminalizing bribery in the Penal Code No. (111) of 1969, as amended, specifically as it relates to public office. However, Iraq's accession to the United Nations Convention against Corruption in 2007 reinforced the importance of adopting legislative policies to combat bribery in the private sector as a form of widespread economic corruption. Consequently, the Iraqi legislature criminalized bribery in the private sector when that sector has a business or commercial relationship with the public sector, as stipulated in the Integrity and Illicit Enrichment Commission Law No. 30 of 2011, amended by Law No. 30 of 2019. This law does not criminalize bribery in the private sector independently; in other words, a relationship between the private and public sectors is required for bribery to be criminalized. While we see the necessity of criminalizing this act within the purely private sector due to its impact on achieving integrity in economic activity, establishing the principles of transparency and accountability within private sector institutions, and enhancing confidence in the country's business environment, the results achieved in this study are represented in identifying the specific element (the perpetrator's status) of the bribery crime within the private sector, which may be the company's manager, a member of its board of directors, or an employee. This status differs from that of the perpetrator of bribery in the public sector. Furthermore, the study takes into account the gravity of the act and the severity of the penalty, which must be more severe for bribery in the public sector as it undermines the prestige and sovereignty of the state. Therefore, this study sought to identify a legislative deficiency in Iraqi laws, as the current Penal Code No. (111) of 1969, as amended, does not include a provision criminalizing bribery within the private sector. Moreover, the Integrity and Illicit Enrichment Commission Law No. (30) of 2011, as amended, criminalizes bribery in the private sector only to a very limited extent.

الكلمات المفتاحية: Bribery, Private Sector, Public Sector, Worker and Employee, Criminal Confrontation..

منشور في:
Vol. 1 No. 3 (2026): Vol. (1), No. (3) September 2026
تاريخ النشر:
2026-09-01
معرف الوثيقة الرقمي (DOI):
https://doi.org/10.66734/7m438s25
الصفحات:
401- 423