Harmonization of Jordanian Legislation with the United Nations Convention against Corruption: The Crime of Bribery as a Model

Abstract

The United Nations Convention against Corruption is considered one of the most important international legal documents that seeks to unify efforts in criminalizing acts of corruption, including traditional and new forms of bribery. Among these forms introduced by the Convention are bribery committed by foreign public officials, officials of international organizations, and bribery in the private sector. This research came to address the extent of harmonization of Jordanian penal legislation with these international obligations, through analyzing relevant national laws, primarily the Penal Code, the Integrity and Anti-Corruption Law, and the Economic Crimes Law. The research concluded that there are legislative gaps in Jordanian law, most notably the failure of the Penal Code to criminalize bribery committed by foreign public officials or officials of international organizations, as well as bribery in the private sector, contrary to the provisions of the international Convention. In contrast, the Integrity and Anti-Corruption Law addressed some of these shortcomings through explicit provisions, but it did not adequately address the issue of bribery in the private sector. Therefore, the research recommends the need to amend the Penal Code to include explicit criminalization of these forms of bribery, expanding the scope of criminalization in the private sector, and re-examining the prescribed penalties to ensure their effectiveness and compatibility with international standards.