Feasibility of Criminalizing Rishāʾ (Bribery) and Irtishāʾ (Corruption) in the Private Sector, Based on the Principles of Imāmī Jurisprudence

In the criminal laws of Iran, the realization of Rishāʾ (bribery) and Irtishāʾ (corruption) crimes is accepted in the public sector, but in the private sector, it is not considered criminal. Imāmī jurisprudence does not directly mention the possibility of bribery and corruption in the private sector, but it seems that it is possible to infer the prohibition of bribery and corruption in the private sector by considering the literal meaning of bribery, the application of verses and traditions, as well as the implication of reason and consensus, and then seek to criminalize bribery and corruption in the private sector.Considering the expansion of the process of privatization and the reduction of government employment, it does not seem logical to separate the private sector from the public sector regarding the crimes of bribery and corruption. In this essay, the criminalization of bribery and corruption in the private sector has been investigated by using a descriptive-analytical method. It is concluded that the criminalization of this act has the support of verbal evidence and is in accordance with the rule of reason and the needs of the Islamic society, and it is necessary for us to move in the direction of criminalizing it in the Penal Code.