Criminalization of Bribery in the Private Sector: Necessities, Foundations, Challenges, and Methods

Abstract

Bribery is one of the most significant manifestations of financial corruption and has been criminalized in most countries. Bribery is generally associated with the public sector, including both judicial and non-judicial institutions. Private-sector bribery, however, constitutes a serious problem that the Iranian legislature has not comprehensively addressed under the country’s existing laws. Instead, in response to changing circumstances, the legislature has merely criminalized the acceptance of bribes by certain individuals operating in the private sector. This is despite the fact that international conventions—particularly the United Nations Convention against Corruption, also known as the Mérida Convention, which has been approved by Iran’s Expediency Discernment Council—emphasize the criminalization of private-sector bribery. Furthermore, based on Islamic jurisprudential principles, including the general prohibition of bribery and the principle of al-taʿzīr li-kull ḥarām—according to which every prohibited act may be subject to discretionary punishment—the criminalization of this pernicious phenomenon is consistent with Islamic legal standards. The drafters of the 2022 Taʿzirat Bill have acknowledged this legislative gap and sought to criminalize this harmful practice. The proper criminalization of private-sector bribery requires a clear explanation of such matters as the legal status of bribery in the private sector, the necessities and foundations of its criminalization, the challenges facing such criminalization, and the methods through which private-sector bribery may be criminalized. This article seeks to address these issues.