Document Details
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Document Type |
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Thesis |
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Document Title |
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Crime of Abuse of Power A comparative analytical study in light of the provisions of the Anti-bribery Law Amended by Royal Decree No. (M/38) dated 27/04/1443 جَرِيمَةُ اسْتِعْمَالِ النُّفُوذِ دِرَاسَةٌ تَحْلِيلِيَّةٌ مُقَارِنَةٌ فِي ضَوْءِ أَحْكَامِ نِظَامِ مُكَافَحَةِ الرِّشْوَةِ الْـمُعَدَّلِ بِالْـمَرْسُومِ الْـمَلَكِـيِّ رَقْمِ (م/38) وَتَارِيخِ 27/04/1443ه |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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The present study dealt with the crime of wielding or using influence by defining its concept in Islamic law, the Saudi system, and comparative law. It also explained the most prominent aspects of distinguishing between the crime of wielding influence and other similar crimes, by knowing the similarities and differences between them.
Then, the study did not only clarify the constituent elements of the crime of wielding influence by defining the legal basis and its importance in determining the illegal status, but also the presumed element through defining the meaning of influence, the sources from which it is derived; in addition to defining the meaning of public authority, as a victim, in the crime of using influence.
The study also made clear the constituent elements of the material basis through dealing with the forms of criminal activity of the said crime: taking, demanding and accepting. It also tackled the moral aspect by specifying the criminal intent required in the said crime, that is, the general criminal intent consisting of both the elements of knowledge and will.
The penalties for committing the said crime were determined, represented in the original penalties for both the normal and the legal person. Moreover, the complementary, the consequential penalties and the penalties for the stakeholders, the mediator, and all partners, and the basis of their penal responsibility in that crime were also specified.
The study also indicated both the mitigating, aggravating and impunity reasons for the said crime. It also tackled the procedural aspects of the crime as one of the financial and administrative corruption crimes governed by the penal procedure system and the organizational and structural arrangements related to combating both the financial and administrative corruption. This was done by defining the authority concerned with the work of inference, represented by the Administrative Investigations Unit in the Control and Anti-Corruption Authority.
The researcher got acquainted with the special nature of the acts of inference in the crime of using influence as it has unparalleled nature compared to the other crimes. The researcher also identified the competent authority of the preliminary investigation of the said crime represented in the Investigation and Criminal Prosecution Unit in the Control and Anti-Corruption Authority, and the special nature it entails.
The researcher also got acquainted with the authority specialized in the retributory trial in the crime of using influence: the Criminal Court and the Court of Appeal in the city of Ar-Riyadh. Finally, the study was rounded off with forty-nine results and seven recommendations |
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Supervisor |
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Prof. Mohammad Hamid Mudhi Al-Mazumi |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1444 AH
2023 AD |
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Added Date |
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Tuesday, June 6, 2023 |
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Researchers
| طارق رابح الشريف | Al-Sharif, Tariq Rabeh | Researcher | Master | |
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