Preventive and Supportive Strategies in Combating the Crime of Corruption Based on Iranian Law and the Merida Convention

Abstract

Corruption, with its devastating effects on various dimensions and at local, national, and international levels, necessitates control and counteraction. In this regard, the formulation of legal frameworks holds particular significance. Accordingly, the objective of this study is to examine preventive and supportive strategies in combating the crime of corruption, based on Iranian law and the United Nations Convention against Corruption (UNCAC). This study employs a descriptive-analytical method. The primary sources used in the research include the full text of the Merida Convention, Iranian legal and statutory documents, and scholarly articles and books approved and written in this field. The findings of the study, through a comparative analysis of Iranian domestic law and the Merida Convention, indicate that both systems are aligned and complementary in their preventive and supportive strategies. These strategies include performance reporting in the fight against corruption (at both governmental and public levels), preventing corruption in the private sector, supporting whistleblower networks, avoiding conflicts of interest, declaring assets by public officials, creating barriers to opportunities for committing corruption, increasing the likelihood of detecting and identifying corruption, and establishing a merit-based selection system. Nevertheless, to enhance their complementarity and coherence, it is necessary to repeal outdated and scattered legal documents and to draft and enact a comprehensive law on combating corruption. This law should be based on specialized principles and consider human rights and civil rights. Furthermore, to facilitate the implementation of the Convention against Corruption, it is essential to formulate the general policies of the system in this regard. The Expediency Discernment Council of the System should, in turn, address specific issues of the international community within the framework of the national interest. In this context, collaboration with academic and religious research centers to establish a dedicated institution for fundamental studies based on scientific principles concerning corruption, its roots, and its consequences—and for exploring appropriate solutions using religious teachings and the experiences of other societies—can contribute to a principled and sustainable resolution of this problem.