Effectiveness of Criminal Law Instruments in Controlling Commission Taking in Transnational Commercial Transactions in Iranian and French Law with Emphasis on Legislative and Judicial Criminal Policy

Abstract

The expansion of transnational commercial transactions and the increasing complexity of international economic structures have facilitated new forms of economic corruption, including illicit commission taking. This phenomenon, often manifested through hidden payments, non-transparent agreements, and abuse of economic positions, threatens not only the integrity of commercial relations but also public trust in legal and economic systems. In this context, criminal policy and the effectiveness of criminal law instruments play a crucial role in preventing and combating such practices. This article adopts an analytical and comparative approach to examine the effectiveness of criminal law instruments in controlling commission taking in transnational commercial transactions under Iranian and French law, with particular emphasis on legislative and judicial criminal policy. The central research question addresses the extent to which criminal mechanisms provided in legislation and judicial practice in Iran and France have effectively responded to commission-related misconduct in transnational commerce, as well as the similarities and differences between the two legal systems. The research method is descriptive-analytical and comparative, based on the analysis of criminal legislation, legislative documents, judicial practices, and recent authoritative domestic and international scholarly sources. The study first explores the legal characterization of commission taking within the framework of economic crimes in Iranian law, followed by an examination of French criminal policy concerning criminalization, sanctions, and judicial enforcement mechanisms. The findings indicate that although both legal systems employ various criminal instruments to address commission taking, significant differences exist in legislative coherence, clarity of criminal definitions, the role of corporate criminal liability, and the practical impact of judicial enforcement. The article concludes by offering a critical assessment and proposing recommendations aimed at enhancing the effectiveness of Iranian criminal policy by drawing on relevant aspects of the French legal experience..