نظام حماية المبلغين والشهود في جرائم الفساد "دراسة مقارنة"
Date
2021-01-09
Authors
جمال ساهر مطيع شريف
jamal saher mute sharif
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This study aims to highlight the means and guarantees to protect whistle-blowers, witnesses, informants, experts and their relatives and closely related persons in corruption cases, as well as the whether they receive enough personal, legal and occupational protection. To achieve the goals of this study, the researcher used the Descriptive Analytical method, Comparative method, and the Inductive and Deductive method to learn from the experiences of other countries in proposing amendments to the regulation or new protection measures.
A comparison was done between the provisions of the legal system with the UN conventions and treaties on the protection whistle-blowers and witnesses, in addition to the legislations of other states including Jordan, Iraq, Egypt, Algeria, South Korea and Belgium.
The researcher concluded a number of key findings: the legal system is in line with the regional and UN conventions on personal protection however, it does not include the victims as witnesses. The legal system is also in line with the regional and UN conventions on occupational protection for whistle-blowers and witnesses. The legal system is also in line with the regional and UN conventions on legal protection however, it does not indicate what other conventions highlighted such as: immunity from prosecution, cooperation with other countries on the possibility of reducing the sentence, investigation processes and prosecution. Many of the provision in the legal system are in harmony with the regional and UN conventions in a number of fields such as: providing protection to those who qualify from the budget allocated to the protection unit. The legal system is more generous than the regional and UN conventions. The Whistle-Blower protection system in Palestine shares a number of points regarding the personal protection measures with the legislations of compared states. In contrast, there are numerous methods for personal protections in the compared legislations that weren’t mentioned in
the Palestinian protection system; such as placing the whistle-blower or witness in a section with special protection. Additionally, the Palestinian whistle-blower protection includes the occupational protection for whistle-blowers and witnesses however, it does not indicate the help in searching for a job similar to the Belgian system. Moreover, the system did not provide any penalties in cases of violation of provisions similar to the Algerian and Egyptian legislations, and the Korean law. The legal system did not mention rewarding informants from the recovered money, and reparations are on those who caused the damage due to taking inadequate measures for the whistleblowers.
Finally, the study provided recommendations to amend the regulation to be more in line with the provisions of UN conventions and compared legislations. And for the Palestinian Anti-Corruption Commission to quickly issue the needed instructions to implement the regulation.