Ray (Judicial Case Review)

Ray (Judicial Case Review)

Analyzing the meaning of the relationship between bribe money and bribe taker organizational duties

Authors
lawyer
10.22106/jcr.2024.2040470.1484
Abstract
In the crime of bribery, while meeting the three legal, act and mens rea, according to Article 3 of the law it is necessary that the money collected by the briber is in line with the performance of his duties. According to the law the authority to change the use of agricultural and garden lands located within the boundaries of the sanctuary and outside of it is the responsibility of the commission, and according to article 71 of the law and the regulations of Islamic councils, duties and powers The Islamic Council of the city has been counted and all its functions are of a supervisory nature, therefore, taking money in this regard by the city council is not subject to bribery, and in this regard, the advisory theory No. 7/1403/95 dated 02/05/1403 explicitly discourages the accusatory behavior from Article three of the law. From the criminological, the long-term prison sentence issued has no corrective effect, and there is doubt about its deterrent role, and it is in conflict with the principle of individuality of the punishment. Supplementary punishment must be proportionate to the behavior committed by the criminal and it is imposed when the original punishment is not enough and determining the most severe punishment by the court eliminates the need to determine the supplementary punishment and on the other hand the obligation to perform free public services in an institution The study method of this article is descriptive-analytical and document method, which tries to find out the answer to the research question, whether according to the supervisory responsibility of the city council, the collection of money by the member of the council in line with the executive duties, through writing slips and reading the library. Is agricultural jihad subject to bribery or not?
Keywords
Subjects

Volume 13, Issue 47
Summer 2024
Pages 83-110

  • Receive Date 06 September 2024
  • Revise Date 27 September 2024
  • Accept Date 04 November 2024