نوع مقاله : مقاله علمی - پژوهشی
نویسندگان
1 دانشیار دانشکدة حقوق و علوم سیاسی دانشگاه تهران
2 دانشجوی دکتری حقوق جزا و جرمشناسی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract:
Corruption is one of the main challenges of the post-Taliban Afghanistan, which is developed parallel to the growth of the state structures. and today by any measure, Afghanistan is one of the most corrupt countries in the world.
Corruption has the security, political, economic, and social negative consequences; and recently, some activities have been done to struggle with it, but they were ineffective due to their shortcomings.
Subject of the study is the Criminalization Pathology of Corruption in Afghanistan. Findings of the study indicate that rules before the penal code have had important deficiencies in Criminalization.
The lack of criminalization in crimes, such as misuse of the influence and increase in the assets of state employees, illegally; and also in incomplete criminalization of crimes such as bribery, embezzlement and it`s sentence, which was exclusive to " Public service obligation ", had caused anti-corruption campaign to be inefficient and unsuccessful.
the penal code, which became enforceable in early 2018, eliminated these two basic weaknesses, but it has its own deficiencies.
the penal code in Criminalization of corruption in some cases has a deficiency and vacuum. Also, the determination of articles related to these crimes in the panel Code lacks coherence, and in some case is ambiguous.
The article suggests that as the defects of previous laws in the panel Code are removed, while final approving in legislature, its defects should also be eliminated.
کلیدواژهها [English]
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