A Comparative Study of the Elements of the Crime of Abuse of Functional Influence in the Legal Systems of Iraq and Iran

Abstract

The aim of the present study was to conduct a comparative analysis of the elements of the crime of abuse of functional influence in the legal systems of Iraq and Iran. The phenomenon of exploiting occupational influence has become a widespread crime in most countries, especially in developing nations, with its prevalence varying from one country to another. This variation is due to the mechanisms in place to combat this crime, limit its expansion, and enforce the law effectively. The crime of abuse of occupational influence poses a threat to the economic, political, and social security of a country. It fosters an atmosphere of disorder and instability within public institutions, leading to the marginalization and weakening of vulnerable groups, the emergence of extremist ideologies, and the promotion of prejudice, tribalism, terrorist groups, and nepotism. This crime benefits a particular class of individuals at the expense of the broader population. One of the key factors contributing to the expansion of the crime of abuse of occupational influence is the unfair distribution of public economic resources. Additionally, the appointment of unqualified individuals to positions of power and influence, as well as conflicts of interest, often subject government employees or appointees to the demands of influential parties. Consequently, they exploit their occupational influence to fulfill illicit demands, which must be punishable by law. Furthermore, the study concluded that the absence of explicit legal provisions and legislative measures against the perpetrators of this crime in Iraq does not imply that the crime does not occur. The credibility of public figures and officials serves as a recognized governmental benchmark, essential for maintaining public trust between the state and its citizens, as well as ensuring confidence in governmental institutions. However, in Iraq, the penalties for this crime are not substantial, whereas, in Iranian legal texts, strict measures are in place to prevent this crime, imposing the severest penalties on offenders.