Abstract

The Preventive Role of Combating Corruption in the Business World in Light of International Legislation

Alaa Kareem Assi Al-Jhayyish, Janane Khoury

Volume: 14 Issue: 2 2024

Abstract:

Interest in combating corruption crimes in the business world has increased recently, as it is considered one of the most important risks that threaten the stability of the global economic, security and political system. Combating the phenomenon of corruption in the business world requires integrated efforts not only at the national level but also at the international and regional levels. Accordingly, countries have entered into international agreements and participated in international and regional organizations and conferences to determine the causes and motives of this phenomenon and to know the means to address it. As well as to benefit from the standards established and established by international efforts, and this is represented by ratifying them in its internal law to achieve the principle of international cooperation and coexistence between these legal systems to confront the problems brought by the phenomenon of corruption, to strengthen the will of the state with the will of the international community in order for efforts and positions to be unified in a way that leads to strengthening the preventive role and internationalization. The solutions to confront this phenomenon and ensure the implementation of the rulings issued to confront it. As a result, the international community realized that corruption in the business world is an international phenomenon that crosses borders and affects all countries negatively and in all fields. Therefore, the parties of this society and all its governmental and non-governmental international and regional institutions took the initiative to activate the preventive role as well as Confront and eliminating this phenomenon through the important roles taken by these parties

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References

• Article 1 of the United Nations Convention against Corruption of 2003.
• Preamble to the United Nations Convention against Corruption of 2003.
• The first paragraph of Article Three of the United Nations Convention against Corruption of 2003 stipulates that “1 - This Convention shall apply, in accordance with its provisions, to preventing corruption, investigating it and prosecuting its perpetrators, and to freezing, seizing and returning proceeds derived from acts criminalized in accordance with this Convention.”
• This is what can be deduced from the text of the second paragraph of Article Three of the United Nations Convention against Corruption of 2003, which states: “2- For the purposes of implementing this Convention, it is not necessary that the crimes described therein have caused damage or injury to state property, except as otherwise stipulated.” So'.
• Articles (21 and 22) of the United Nations Convention against Corruption of 2003.
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• Article (17) of the United Nations Convention against Corruption of 2003.
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• The Lebanese legislator criminalized the crime of embezzlement of public funds in the text of Article (359) of the Lebanese Penal Code.
• Article (23) of the United Nations Convention against Corruption of 2003.
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• Article (23) of the United Nations Convention against Corruption of 2003.
• Paragraph (d) and Paragraph (e) of Article Two of the United Nations Convention against Corruption of 2003.
• The United Nations Convention against Corruption defined the predicate crime as “every crime stipulated in Chapter Three of the Convention dedicated to criminalization, such as bribery and embezzlement in their various forms, trafficking in influence, and illicit enrichment...”
• Paragraph (2/a) of Article (23) of the United Nations Convention against Corruption of 2003.
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• Paragraph (2/c) of Article (23) of the United Nations Convention against Corruption of 2003.
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• This agreement was concluded in Cairo on 12/21/2010, and this agreement was part of the international and regional agreements that establish the rules for judicial cooperation between the member states of the League of Arab States, especially since these countries are similar in their judicial systems, and in confirmation of the necessity of joint Arab cooperation to prevent and combat corruption. .
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• It is worth noting in this regard that the concept of states parties has been defined in accordance with the first paragraph of Article 1 of the Arab Convention against Corruption of 2010 by saying: “1- A state party is every member state of the League of Arab States that has ratified this agreement or acceded to it and deposited Ratification or accession documents are with the General Secretariat of the University.”
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• Article Five of the Arab Anti-Corruption Convention of 2010.
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• Article Fourteen of the Arab Anti-Corruption Convention of 2010.
• Paragraph 9 of Article 1 of the Arab Anti-Corruption Convention of 2010 (Delivery A