Evaluate Criminal Judicial Intervention in a Conflict of Interest Situation

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Journal Paper

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Journal: Administrative Law Year:2024 | Volume:11 | Issue:38 Page(s): 59-90

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Title

Evaluate Criminal Judicial Intervention in a Conflict of Interest Situation

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, , | Issue Writer Certificate

Keywords

conflict of interest

corruption

criminal intervention

judicial intervention

Abstract

Public officials face complex motives, beliefs, and interests in performing the duties that could potentially distract them from performing their duties. A conflict of interest situation, even if it does not lead to a preference for personal gain, will undermine the efficiency of the public authority, which in turn undermines the legitimacy of the ruling apparatus. Therefore, prevention and control of conflict of interest are essential, while traditional criminal interventions can not control this situation. This research seeks to investigate the challenges of judicial criminal intervention in a situation of conflict of interest in order to provide a model for effective criminal intervention in this situation. The research method is qualitative. The data were obtained through in-depth interviews with judges of the Tehran and Mashhad Special Economic Complex and lawyers active in the field of economic crimes (18 cases) and analysis content of verdicts related to the conflict of interest situation. Findings of this study show that the criminal justice system in effective intervention in the conflict of interest situation with serious challenges and gaps such as lack of coherent criminal policy, lack of proper knowledge and education about this concept, legal gaps, biased reports, as well as lack of Appropriate tools and platforms such as trained officers, support for corruption reporters, lack of transparency and lack of accurate reporting to detect this situation is faced.

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