مكافحة جريمة الرشوة الدولية في ضوء اتفاقية الأمم المتحدة لمكافحة الفساد: دراسة في مدى موائمة التشريعات الليبية لأحكام الاتفاقية

(Combating International Crime on Bribery in the Light of the United Nations Convention Against Corruption: A Study to Determine to what Extent Libyan Legislation is Consistent with this Convention)

Abstract

Abstract

This study aims to clarify the concept of the international crime of bribery committed by the foreign public official and the international employee, and to highlight the most important measures approved by the UN Convention to combat it, clarifying the position of the Libyan legislator regarding it, and the problem here lies in clarifying the most important measures approved by the United Nations Convention against the International Crime of bribery, and the extent to which the Libyan legislator dedicates it within the internal legal system, especially that the State of Libya is a party to the convention? To demonstrate this, the concept of international bribery and its criminalization and international cooperation to combat it were studied, using the inductive and analytical approaches, in addition to the comparative approach whenever needed. The study recommended adding or issuing legislation that includes an explicit and clear criminalization of this crime and a deterrent punishment for it in preparation for combating it is required. However, the strategy to combat this crime is not limited to the necessity for the Libyan legislator to issue legal texts is not more necessary than its seriousness to implement the legal texts in reality.

Keywords: international crime of bribery, foreign public official, international employee, the Libyan legislator.