Definition of bribery
Bribery means giving money, property, documents, etc., to government officials or employees working in public institutions and other people mentioned in the law to perform or not perform duties related to the administration or organization where they are employed.
The crime of bribery under Iranian law
Laws and regulations are established to create security and prevent the disruption of society’s public order. One of the most significant goals of different regulations is to protect the rights of citizens. However, despite this fact, sometimes, some profit-seeking people abuse their position and authority to cause the loss of the rights of people in society.
A group of people who, by abusing their position and authority, can disrupt public order and violate the rights of ordinary people in society are the employees and judicial and non-judicial officials of the government. On this basis, and in order to prevent judicial and non-judicial officials from abusing their position, Iran’s legislator has foreseen some crimes, such as bribery or embezzlement, with consideration of heavy punishment for them.
Therefore, in this article, we intend to define bribery, explain the punishment for bribery, and the conditions related to bribery.
Related bribery regulations under Iranian law
1. The main article related to the crime of bribery (receiving bribes) is Article 3 of the law, “Intensification of the punishment of perpetrators of bribery, embezzlement, and fraud,” along with its five notes.
Article 3 of this law provides:
“Any of the government employees and officials, whether judicial or administrative or councils or municipalities or revolutionary institutions and in general the three forces, as well as the armed forces or government companies or government organizations affiliated to the government or officials in public services whether official or unofficial to do or not to do something related to the mentioned organizations, directly or indirectly accept the money or property or document of payment of cash or financial submission, is in the ruling of taking bribery Regardless of whether the said matter is related to the duties to be accepted, it is in the ruling of the accepting bribery, regardless of whether the said matter was related to their duties or not, and whether their performance was or was not according to righteousness and duty, or whether it was in their performance or non-performance. Whether it is effective or not, it will be punished in the following order:
If the price of goods or money is received:
- not more than twenty thousand Rials, he will be sentenced to temporary dismissal from six months to three years. If the perpetrator is in the rank of general manager or equivalent to the general manager or higher, he will be sentenced to permanent dismissal from government occupations.
- More than twenty thousand Rials up to two hundred thousand Rials he will be sentenced from one to three years of imprisonment and a monetary penalty equal to the price of the property or money received and temporary dismissal from six months to three years will be imposed. Suppose the perpetrator is at the rank of general manager or equivalent to the general manager or higher, instead of temporary dismissal. In that case, he will be sentenced to permanent dismissal from government occupations.
- If the price of the property or money received is more than two hundred thousand Rials to one million Rials, the punishment for the perpetrator will be two to five years of imprisonment, plus a fine equivalent to the price of the property or money received, and permanent dismissal from government services and up to 74 lashes. If the perpetrator position is lower than the general manager or equivalent, he will be sentenced to temporary dismissal from six months to three years instead of permanent dismissal.
- If the price of the property or money received is more than one million Rials, the punishment for the perpetrator will be five to ten years in prison, added a fine equal to the price of the property or money received, and permanent dismissal from government services and up to 74 lashes. If the perpetrator position is lower than the general manager or equivalent, he will be sentenced to temporary dismissal from six months to three years instead of permanent dismissal.”
2. The Islamic Penal Code has added “Rasha” (bribe payment) and other forms of bribery to the criminal list in several articles cited above.
- Article 592 of the Islamic Penal Code regarding the crime of “Rasha” states that:
“Anyone knowingly and intentionally, in order to do or refuse to do something that is one of the duties of the persons mentioned in Article (3) of the law on intensifying bribery, embezzlement, and fraud approved by the Expediency Council in 1376, directly or indirectly giving money or a document for payment of money or property is in the ruling of briber, and as a punishment, in addition to confiscation of the property resulting from bribery, he is sentenced to imprisonment from six months to three years or up to (74) lashes.”
- Article 590 of the Islamic Penal Code also states:
“If the bribe is not in the form of cash, but the money is transferred directly or indirectly to government employees, both judicial and administrative, or in an amount significantly cheaper than the normal price, or apparently at a normal price and significantly lower than the price or for the same financial purposes, it is bought from direct or indirect employees and agents at a much higher price than the normal price, the employees and agents in question are considered to be embezzlers and parties to the transaction.”
- Article 588 of the Islamic Penal Code states that:
“Any of the arbitrators and auditors and experts, whether appointed by the court or by the parties, if they make an opinion or make a decision in favor of one of the parties in exchange for receiving money or property, will be sentenced to imprisonment from six months to two years or a fine from three to twelve million Rials, and what they have received will be confiscated as a punishment for the benefit of the government.”
3. Article 118 of the “Armed Forces Crimes Punishment Law” has included military personnel under its provisions and divided the punishment into three categories. Imprisonment of 1 to 5 years, 2 to 10 years, and 3 to 15 years and a fine equivalent to the amount received, as well as a demotion to dismissal, is considered.
4. The law of service of the general duty system reform 1368:
Accepting a bribe for exemption from military service by any person (even non-military and non-governmental) is subject to imprisonment from one to five years. If the mentioned person is a government or military employee, this punishment increases to 3 to 7 years. In the case of a doctor who issues a false certificate in this regard, he will be sentenced to imprisonment from 6 months to 2 years and a fine equal to the amount received. In this article, no distinction has been made between government employee doctors and others, and it includes all doctors.
5. Single article of the law “Prohibition of taking a commission in foreign transactions”:
Any receiving a commission from a foreigner leads to imprisonment from 2 to 5 years and a fine equivalent to the received amount. In domestic and foreign transactions, according to article 603 of the Islamic Penal Code of Iran, receiving any amount will result in a fine equivalent to the amount received, and if it affects the quality of the transaction, imprisonment from 6 months to 5 years will follow.
6. “Penalty law for exerting influence against the right and legal regulations.”
According to Article 2 of this law – some articles which have not yet been explicitly abrogated:
“Whoever abuses the private relationships he has with the officials or employees mentioned in Article one of this law, and exerts influence in the administrative work that he has with them for the benefit or loss of someone, contrary to the rights and legal regulations, will be sentenced to disciplinary imprisonment from one month to one year.”
Bribery conditions
- The essential condition for bribery is that the recipient shall be a government employee.
- It is necessary that the bribe giver be aware of the bribe taker’s position.
- Among the conditions for the realization of bribery under Iranian law is having a financial aspect of what is given or taken. If it does not have a financial aspect, the crime of bribery will not be realized.
- Another condition for bribing and taking bribes is that it should be done secretly.
- The bribe payment should be given to the employee working in the organization in question, and the bribe doesn’t need to be paid to the employee whose duties are in question.
- It does not matter if the act for which the bribe is given is done or not. Merely the act of taking and accepting bribes is essential.
- One of the fundamental conditions for bribery is that giving a bribe shall precede doing the work for which the bribe is offered.
Punishment for the crime of Bribery
Temporary dismissal from six months to three years: if the price of the property or money received does not exceed twenty thousand Rials. In the case that the employee who commits the crime of bribery is at the rank of general manager or the same rank as general manager or higher, his punishment will be permanent dismissal from government occupations.
From one to three years of imprisonment and fine, equivalent to the price of the property or money taken, and temporary suspension from six months to three years: If the price of the property or money taken is more than twenty thousand Rials to two hundred thousand Rials. If the perpetrator is at the rank of general manager or the same rank as general manager or higher, his punishment is permanent dismissal from government jobs.
Two to five years of imprisonment, added a fine, equivalent to the value of the property or money taken and permanent dismissal from public service and up to 74 lashes: if the value of the property or money taken by the government employee is more than two hundred thousand Rials to one million Rials. If the employee who committed the crime of bribery is lower than the general manager, his punishment is temporary dismissal from six months to three years.
Five to ten years of imprisonment, added a fine equal to the value of the property or money taken, permanent dismissal from government services, and up to 74 lashes: if the value of the property or money taken is more than one million Rials. In this case, if the perpetrator is lower than the general manager, his punishment will be temporary dismissal from six months to three years.
Proof of the crime of bribery
- With the confession of the bribe giver and the bribe receiver: the confession of both parties is accepted if there are conditions for confession.
- Testimony of witnesses: If there is no proof of a conspiracy to testify, and two wise men testify to giving or receiving bribes, then their testimony is acceptable if the conditions are met.
- Knowledge of a judge: A judge, by having documents and receipts for deposits or buying large properties, etc., can gain sufficient knowledge and give a verdict on bribes.
Do not hesitate to get legal advice on criminal lawsuits regarding bribery. Our lawyers and experts at Iran Best Lawyer are always ready to help you find the best practical solution for your problems in Iran.
