Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Features of the Rule on the Prevention of Conflict of Interest in Iranian Criminal Law; With Emphasis on the Islamic Penal Cod of 2013 and by a Comparative Approach

Document Type : scientific research paper

Authors
Roghayeh Masteri Farahani 1
Ali Ghorbani 2
Iraj Rezaeenejad 2
1 Doctoral student of criminal law and criminology, Chalous Branch, Islamic Azad University, Chalous, Iran
2 Department of Law, Chalus Branch, Islamic Azad University, Chalus, Iran
10.22034/law.2024.2037381.1432
Abstract
The purpose of this article is to examine of the rule on prevention of conflict of interest in the Islamic Penal Code of 2013 through employment of a comparative approach. Paying attention to the prevention of conflict of interest in the criminal system is a basic rule in line with maintenance of justice and increase of public trust. In the comparative approach, conflict of interest is a set of conditions that cause "professional decisions and actions" to be influenced by a "secondary interest". Conflict of interest takes different forms, the most important of which are: union of rule maker and law enforcement/unity of the supervisor and the supervised/conflict of duty with duty/conflict caused by relationships/conflict of monetary gain with duty, and so on. The issue important because conflict of interest can lead to corruption. 
Analyzing the articles of this law, the authors of this article have identified signs of the legislator's attention to this rule, which are tantamount to findings of the research. In this article, the extent to which the legislator has paid attention to the rule on prevention of conflict of interest in approving the abovementioned law has been determined and the most significant examples of the legislator's approach to this rule have been delineated. The information was collected by the library method and the thematic analysis method was employed to do the data analysis. i.e., by analyzing the content of the articles of the law, their position (positive or negative theme or approach) has been analyzed in relation to the rule on the prevention of conflict of interest. The final finding indicates that the legislator did not have knowledge of this rule when approving this law or, despite its knowledge of it, did not believe in the rule on prevention of conflict of interest.
Comparative studies, however, indicate that different countries and international organizations and conventions pay special attention to this rule.
Keywords
rule on the prevention of conflict of interest
criminal law
Islamic Penal Code 2013
thematic analysis

Subjects

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