Legal Adaption for the Crime of Bribery in the Private Sector

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Alaa Khalif Homad, Oday Tulfah Mohammed

Abstract

In order to understandthe legal adaptionfor the crime of bribery in the private sector, it must first study the legal adaptionfor the crime of bribery in the public sector, and then it can apply this adaptionto the crime of bribery in the private sector.Since the legal adaptation is the same in bribery crimes, whether in the public sector or the private sector. Besides, the legal adaption for the crime of bribery in the private sector is represented in two systems: the double crime of bribery system and the metaphor system. Each system has advantages, disadvantages, and effects that distinguish it from the other system. However, the legislation varied the adoptionof these two systems. One of themis approved the double crime system, which is the crime of bribery consisting of two independent crimes, and this system is illogical because it divides one incident into two fictitious compartmentalized crimes. This system provides the utmost protection for the work assigned to the employee or worker in the private sector from any tampering that harms the employer or the owner of the project in this sector, which is more valid in application in practical reality.On the other hand, others are implemented themetaphor system, which is a single complex crimeof bribery.Still, this system may lead to the briberimpunity that who offered the bribe from accountability in the caseif considers as an accomplice with the (principal perpetrator) employee or worker, when the latter does not accept the presented offer from the briber, on the basis that the briber metaphor his crime from the bribe-taker.Despite this, it is closer to the rationale that agreed with the legal logic.

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