A Critical-Analytical Approach to the Criminalization of Bribery in the Private Sector

Abstract

The criminalization of bribery in the private sector constitutes one of the major challenges in modern legal systems. This issue is accompanied by complexities in terms of definition, scope, and enforcement of the law, which necessitates a thorough and critical analysis. In this regard, various approaches exist to examine the subject, including the evaluation of theoretical foundations, comparison with other legal systems, and analysis of its practical consequences. Bribery, as one of the most prominent manifestations of financial corruption, has always posed a serious threat to the economic and social health of societies. While this phenomenon has often been addressed and criminalized in the public sector, it also results in widespread negative consequences within the private sector, such as the erosion of public trust, the weakening of fair competition, and the degradation of transparency principles in the market. However, current Iranian laws have thus far failed to comprehensively criminalize bribery in the private sector. Although some legal provisions contain limited references to this issue, such regulations do not adequately address the complexity and breadth of the existing problems. On the other hand, international instruments such as the United Nations Convention against Corruption (UNCAC), which Iran has ratified, emphasize the necessity of criminalizing bribery at all levels, including within the private sector. Furthermore, Islamic jurisprudential and legal foundations, drawing upon principles such as the prohibition of unjust enrichment (ḥurma al-akl bi-l-bāṭil) and the maxim al-taʿzīr li-kull ḥarām (discretionary punishment for every unlawful act), stress the imperative to combat this phenomenon in all its forms. The 2022 Draft Penal Code on Discretionary Punishments (Lāyeḥe Taʿzīrāt 1401) represents a positive step toward addressing this legal gap, but it still contains deficiencies and ambiguities that require revision and supplementation. This article adopts a critical-analytical approach to examine the necessity of criminalizing bribery in the private sector, its jurisprudential and legal foundations, and the legislative challenges involved. Additionally, it reviews the experiences of select countries and relevant international standards to offer recommendations for improving and completing the legal approaches to this issue.