The Criminal Responsibility of the Employee for the Crime of Bribery A Comparative Study Between the Iraqi and Iranian Penal Code

Voices began to rise loudly to criminalize acts of bribery in order to prevent the corrupt and degrading acts that come out of the public servant or those in a position in order to filter the structure of the public office from these people and separate the bad from the good, as these acts are due to the low values of integrity and transparency of the public employee there are other factors. Based on that, contemporary criminal legislation began to evaluate the behavior of employees by expanding the circle of criminal responsibility for their actions in violation of the duties of the job, including the criminalization of acts of bribery because this crime has shaken the entity of societies at present and in the future. In addition to the public employee receiving a salary for performing the job duties or those needed by the person of need or interest، but he goes towards gaining more benefits and interests and without legal justification, by accepting or requesting a gift, benefit or advantage. Accordingly, we discussed, as much as possible, the provisions of the criminal responsibility of the public employee for committing the crime of bribery in iraqi law and the comparison with iranian law, by clarifying the concepts associated with this study and the elements of criminal responsibility and then the elements of the crime of bribery and the most important forms of the crime of bribery attached to the original bribery and what are the factors and causes The main pretext that the employee perpetrated this crime, as well as a statement of the penalties decided by the penal legislature in return.