Business criminal law and its role in combating administrative and financial corruption crimes That undermines investment opportunities in accordance with the Saudi law and Kuwaiti law Under the United Nations Convention against Corruption
sameh seaida
public law - sharia and law - jazan
Abstract
summary of research The process of attracting capital to invest in a country depends on the establishment of a legal system that includes economic, financial, administrative and criminal laws and legislation that guarantee the provision of broad opportunities and areas for investment in a safe atmosphere, and eliminate unfair competition operations in all their forms and patterns. The criminal law of business has had a prominent and effective role in conferring criminal protection - whether in its substantive aspect that includes the policy of criminalization and punishment or in its procedural aspect related to the procedures of arrest, investigation and trial, to provide an appropriate environment conducive to investment and attractive to capital, and to tighten criminal prosecution of perpetrators or perpetrators of crimes of influence Negative to stimulate investment to the detriment of the country's national economy. This research includes an introduction that contains the definition of the research in general, and includes a statement of the research methodology: through which the researcher studies the topic and analyzes it in all its aspects, following in this study the theoretical approach, which is an analytical, comparative and analytical induction, since the comparison forms a detailed part of the study. The introduction to the research also includes a statement of its importance: The research derives its importance from the importance of the process of combating crimes of administrative and financial corruption and addressing them in all its forms, which helps to support investment opportunities and reflects positively on the national economy of the state. Included in the introduction to the research is a presentation of its objectives, which include clarification of the definition, and pictures of administrative and financial corruption crimes, and the bodies competent to combat these crimes, and how to play an active role in the process of combating these crimes. While the problem of research is to answer a major question: How appropriate are the criminal texts contained in the criminal law for business in (regulation) Saudi and Kuwaiti legislation to combat administrative and financial corruption crimes and address their criminals The researcher discusses through this research the definition of the criminal law for business, and since the Kuwaiti legislator issued decree Law No. 24 of 2012 establishing the General Authority for Anti-Corruption, and the Saudi (legislator) organizer on December 12, 2019 AD, a royal order was issued to establish the Control and Anti-Corruption Commission, so Then the researcher discusses by comparison the role of each of them in combating financial corruption crimes. Then the researcher reviews the provisions of criminal responsibility in administrative and financial corruption crimes that have a negative impact on investment, in terms of the definition of these crimes, and clarification of their types, and a clarification of the elements of each crime and the penalties prescribed for them, with clarification of the adequacy of the texts contained within the criminal laws of Saudi and Kuwaiti businesses in the face of crimes Administrative and financial corruption that undermines investment opportunities and adversely affects them. It is worth noting that both the Saudi (legislator) and the Kuwaiti lawmaker have followed a method consistent with the United Nations Convention against Corruption in terms of establishing an independent anti-corruption body, as Article (6) of this agreement states that: The basic principles of its legal system, the presence of a body or bodies as appropriate, responsible for preventing corruption. Both of the Saudi organizer and the Kuwaiti legislator was consistent with the United Nations Convention against Corruption in terms of restricting persons subject to the law and in terms of forms of corruption crimes. So this agreement will be a place to cite its provisions and texts and compare them, to serve the research topic, and at the end of the research the researcher provides a conclusion containing a summary of his most important results and recommendations.
Keywords
Administrative corruption crimes - financial corruption - business criminal law
