Methods of Prevention and Combating the Crime of Abuse of Functional Influence with an Emphasis on the Legal System of Iraq

Abstract

The aim of this study was to examine the methods of prevention and combating the crime of abuse of functional influence, with a specific emphasis on the legal system of Iraq. This study is based on a descriptive-analytical approach. Additionally, the study focused on reviewing library resources and analyzing existing legal texts. The findings indicated that the absence of explicit legal provisions and legislation against perpetrators of this crime does not imply its non-existence. The public reputation of officials and public figures serves as a recognized governmental reference, and in order to maintain trust between the government and citizens, as well as the public’s confidence in governmental institutions, significant penalties for this crime are rarely found. Moreover, public employees or officials exploit their professional influence to obtain benefits and advantages that are not necessarily financial in nature. They take advantage of their managerial authority and power through obtaining privileges, commissions, contracts, and appointments, knowing that there is no legal provision to penalize them, especially if they enjoy immunity. Even when punishments or penalties exist, they are insufficient as deterrents for the crime of abuse of functional influence. The mere presence of punishment does not necessarily contribute to the detection of the crime, whereas crime detection significantly increases the likelihood of deterring offenders. Furthermore, the crime of abuse of functional influence, similar to offenses such as prostitution and financial adventurism, occurs between corrupt individuals who mutually benefit from the crime. As a result, there is often no specific victim to report the offense, since all involved parties are complicit, and there is no clear victim in such cases.