Document Type : Research/Original/Regular Article

Authors

• HOJAT NAJARZADEH AHARI ¹
• Mohammad Ali Ardebili ²
• Nasrin Mehra ³
• Mohammadali Mahdavi ⁴

¹ PhD Student in Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Islamic Azad University. Science and Research Branch, Tehran, Iran

² Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

³ Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

⁴ Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Islamic Azad University (Science and Research Branch), Tehran, Iran

Abstract

The exchange of public interest with private interests is a brief definition of “corruption”, and its existence indicates the misfunction of the public institutions. Corruption is an anti - value phenomenon and is disruptive to the rule of law, so that prevention of it is an undeniable necessity for governments. More than that the prevention of corruption directly relates to the legitimacy of each country’s political systems. Meanwhile monitoring the property of public officials is one of the tools of preventing and combating corruption in most countries. It is often impossible to detect and prosecute corruption offenses because of the hidden nature of these crimes. Yet the best solution for overcoming this problem is to focus on the property of the officials. In line with global developments and the desire to keep up with the means of fighting with corruption, laws have been passed in Iran to stand against corruption. The law of property monitoring of authorities, officials and agents of the Islamic Republic of Iran approved by The Nation’s Exigency Council in1394 is one of the results. 
The adoption of the Act itself is a step forward, but its effectiveness and usefulness must be measured in practice. From the surveying that have been carried out, it becomes apparent that the defects in the above law are noticed, including the fact that the mechanism for checking the property during the service has not been conceived, as the important discussion of the conflict of interest has not been mentioned and the law has not been sufficiently sanctioned. In short, the accepted standards of developed countries in combating against corruption are not included in the Iranian Law, and the need to resolve and correct the weaknesses of the law is strongly felt.

Keywords

• Corruption
• Public official
• Surveillance
• Asset declaration
• Sanction
• Anti-corruption Law

Main Subjects

• Public Law
• Economic Criminal Law