The Role of the Judiciary in Fighting Corruption A Comparative Study between Iraqi and Iranian Law

Iraq is one of the countries that has suffered and is still suffering from the phenomenon of corruption, which has become a rampant epidemic in most of the Iraqi state institutions, especially after the occupation in 2003. Regardless of the existence of supervisory institutions in charge of laying the foundations for the rule of law and institutions, and combating corruption in the country. The danger of corruption appears in its negative effects, whether on individuals or societies, and even on the integrity of the state itself. As these effects affect various political, economic, and social, security and other fields. From the political point of view, for individuals, corruption leads to emptying the political, economic and social rights stipulated in the constitution of their content. On the other hand, if corruption spreads in a society, it leads to lower rates of economic growth and levels of economic development. Corruption also works to weaken the state externally, and the lack of rationality of corrupt government officials in their making of political decisions, the effect of which leads to the aggravation of poverty, the exacerbation of economic and political stratification, and the exacerbation of political stratification. As it has become a real crime and has developed significantly in state systems based on non-democratic foundations, and to confront this phenomenon that has spread in public administrations, the Iraqi and Iranian legislators adopted the protection of rights and freedoms enshrined in legal texts and international covenants, a set of legal measures to monitor the extent to which these rights are respected by State institutions when exercising their functions in order to protect the public interest, so among the oversight mechanisms was the supervision of the judiciary as a means to combat this phenomenon in this field due to its wide powers in exercising its role in monitoring state agencies, as it constitutes the most dangerous and vulnerable to corruption of all kinds. In the legal and judicial spheres, an arrangement must be made so that the rights of investors are protected against other competitors and those who seek to violate professional rules, and all persons who engage in economic activity have sufficient confidence to prosecute violators in this field. It has been proven in this research and using the descriptive analytical approach that the existing criminal policy in the state does not meet the needs of society and the economic, administrative and judicial system in the field of preventing and combating financial corruption and needs to be reviewed, reformed and promoted. Corruption has a wide impact on a basic human right, which is the right to equality, so that individuals feel discrimination among themselves on the basis of favoritism, nepotism, nationalism or sectarianism, and it reinforces factionalism and class among them, and the parliamentary system and political consensus is the main reason for the spread of corruption Administrative and financial in Iraq and Iran. On the other hand, the judiciary is part of an integrated legal system, which cannot succeed in its efforts unless it is strengthened by a set of procedures, guarantees and mechanisms that combine to reach the desired goal. The seriousness of the problem appears especially in Iraq, which witnessed huge corruption deals.