Pathology of Criminal Policy of Iran for Offenses Resulting from Contracts Related to Capital Asset Acquisition Programs

Document Type : Research Article

Authors

1 PhD Student of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran

2 Associate Professor of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran

3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran

Abstract

In the process of pre-award, award, and post-award of the capital asset acquisition programs, it is possible that offenses occur in the realm of “Budget and Credits” and “Public Procurement”. Therefore, the intervention of criminal legislator is justified based on the principle of harm and protecting the public interests. It is obvious that the lack of proper thinking in the face of this issue will have far-reaching consequences. Therefore, continuous evaluation of criminal policy is necessary. In present research, by descriptive-analytical method, the nature of criminal policy was evaluated in terms of severity, integration, update of laws, and coordination of supervisory and judicial authorities, which are the criteria of a desirable criminal policy. The results of the mentioned evaluation indicate the lack of integrity in the legislation, lack of efficiency and lack of proportionality of the criminal response, and lack of coordination of the supervisory authorities. Therefore, it is necessary to think of a solution to solve the mentioned gaps.

Keywords


  1. Aghainia, Hossein; Javanmard, Behrooz (2011), stiff criminal policy toward small crimes in zero tolerance strategy: Iran and the U.S. criminal law, Journal of Research Police Sciences, 13(2) [in Persian].
  2. Almasi, Hasan; Dehgan, Mahmood, Heidari, Daryoosh (2016), Investigating the impact of the budget subtraction report of the Supreme Audit Court in monitoring the government's financial performance and the effectiveness of annual budgets, Journal of Audit Science, 16(63) [in Persian].
  3. Bakhsh Meydani, Alireza (2017), Characteristics of annual budgeting (with an emphasis on the annual budgeting of the armed forces), Quarterly Journal of Interdisciplinary Studies on Strategic Knowledge, Vol. 28 [in Persian].
  4. Barzegari Dahaj, Hamid; Elahimanesh, Mohamadreza (2022), Situational prevention in context of public procurement, Journal of Modern Research on Administrative Law, 4(10) [in Persian].
  5. De Rose, Claudio (2013), Corruption in Public Procurement: How to Fight and Prevent it, Bristol University Press, Vol. 31.
  6. Dehghani Dehaj, Iman; Salehi, Hamidreza; Akbarzadeh, Masoume (2017), Offer in government contracts, Private Law Research, 6(20) [in Persian].
  7. Deputy of Economic Research of Parliament Research Center of Iran (2018), Lessons from Iran's Budgeting History (2018 and 2019 Budget), Parliament Research Center of Iran website [in Persian].
  8. Erica Bosio, Simeon Djankov, Edward L. Glaeser & Andrei Shleifer (2020), Public Procurement in Law and Practice, National Bureau of Economic Research, No. 27188.
  9. Fallahzadeh, Ali Mohammad; Kamrani, Mahya (2019), Assessment on Procedure of the Supreme Audit Court from the Perspective of a Fair Trial, 83(108) [in Persian].
  10. Fazli, Mehdi; Khaleghi, Abolfath (2018), Legislative Flaws on Prevention of Corruption in Public Transactions in the Light of Recommendations of OECD, Journal of Criminal Law Research, 6(23) [in Persian].
  11. Georgieva, Irena (2017), Studies in European Economic Law and Regulation: Using Transparency Against Corruption in Public Procurement; A Comparative Analysis of the Transparency Rules and their Failure to Combat Corruption, Spring International Publishing, Vol. 11.
  12. Ghahremani, Nasrullah; Shamsa, Shahrazad (2014), Claims arising from the general conditions of the agreement including the full text of the agreement, general conditions and private conditions of the agreement and related instructions, second edition, Khorsandi Publications [in Persian].
  13. Gottschalk & Smith, Petter & Christy (2016), Detection of White-Collar Corruption in Public Procurement in Norway: The Role of Whistleblowers, International Journal of Procurement Management, 9(4).
  14. Hosseinzadeh Arabi, Davoud; Abbasi, Bijan (2021), Comparative Study of Tendering Procedures in "Iran's Tender Law" and "UNCITRAL Model Law on Public Procurement 2014", Journal of Modern Research on Administrative Law, 3(7) [in Persian].
  15. Jalali Mousavi, Atefe; Sedighi, Alireza (2023), Review report of the Seventh Development National Plan Bill (75): Programs for the acquisition of capital assets, Parliament Research Center of Iran [in Persian].
  16. Jamour, Hossein; Moratab, Yahya (2023), Investigation of institutions in charge of fighting corruption in the Islamic Republic of Iran (1): Institutional mapping, Parliament Research Center of Iran [in Persian].
  17. Kamali, Yahya; Sheikhzadeh Jooshani, Sedigheh; Hossein Askari, Farzaneh (2022), Challenges of Formulation of Development Policies in Iran (Five-year Development Programs), Journal of Program and Development Research, 2(4) [in Persian].
  18. Mahmoudi Janaki, Firouz; Roustaie, Mehrangiz (2013), Justification of Criminal Intervention; Principles and Necessities, 1(3) [in Persian].
  19. Markaz Malmiri, Ahmad; Mahdizadeh, Mahdi (2015), Scattered Legislation in Iranian Legislative System, Public Law Research, 1 (47) [in Persian].
  20. Mehra, Nasrin; Yekrangi, Mohammad; Moazzen, Abbas (2019), Discourse Analysis of Iranian Penal Policy in Taziraat after Islamic Revolution, 82(103) [in Persian].
  21. Mentinejad, Sadegh (2007), Methods and Contexts of Collusion in Public Procurement, Judicial Law Journal, 71 (61) [in Persian].
  22. Mulaee, Ayat; Vahibifakhr, Maryam (2020), Abolhassan Ebtehaj’s Measures in the Structure of Iran planning system; Analysis of Administrative Law Viewpoint, Administrative Law, 8(24) [in Persian].
  23. Najafitavana, Ali; Mostafazadeh, Fahim (2013), Criminalization in the Criminal System of Islamic Republic of Iran, 5(8) [in Persian].
  24. National Contract Management Association (2019), Contract Management Standard (CMS), Third Edition.
  25. National Contract Management Association (2023), Contract Management Body of Knowledge (CMBOK), Seventh Edition.
  26. Nekouie, Mohammad (2021), Principle of Proportionality of Crime and Punishment in the Domain of Administrative Offenses, Administrative Law, 8 (25) [in Persian].
  27. Nili, Masoud; Karimi, Mohsen (2016), Planning in Iran 1316-1356 (Historical analysis, focusing on the evolution of the role and position of the planning and budget organization), second edition, Ney Publishing [in Persian].
  28. OECD (2016), Preventing Corruption in Public Procurement, OECD Publishing, available at: http://www.oecd.org/gov/ethics/Corruption-inPublic-Procurement-Brochure.pdf
  29. Osei-Afoakw, Kofi (2014), How Relevant is the Principle of Transparency in Public Procurement, Developing Country Studies, 4(6).
  30. Piga, Gustavo (2001), A Fighting chance against corruption in public procurement, an article in the book of 'Internation Handbook on the Economics of Corruption, Volume Two', Edited by: Susan Rose-Ackerman and Tina Soreide, Edward Elgar Publishing.
  31. Rahimi, Habib; Alizade, Saeede (2018), Essence of Price Adjustment in Construction Contracts in Iran and FIDIC,6(21) [in Persian].
  32. Lyra, Damasio, L. Pinheiro & Bacao, Marcos, Bruno, Flavio & Fernando (2022), Fraud, corruption, and collusion in public procurement activities, a systematic literature review on data-driven methods, Applied Network Science, Vol. 7.
  33. Soreide, Tina (2002), Corruption in Public Procurement: Causes, Consequences and Cures, Chr. Michelsen Institute.
  34. Tajarlou, Reza; Ghorbany Darabad, Behzad (2016), Integrity in Public Procurement, Journal of Research Energy Law, 2(1) [in Persian].
  35. Tavakkoli, Ahmad (2007), What Can we do with Incomplete Development Projects? , Economic Research, 7(26) [in Persian].
  36. Vaezi, Mojtaba; Kiyani, Fatemeh (2021), Invalidity of Administrative Contracts and its Effects on Iranian Law, Scientific Quarterly of Judicial Law Perspectives, 29(99) [in Persian].