جريمة استثمار الوظيفة دراسة مقارنه
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Date
2009-05-08
Authors
محمد يوسف حسن عسر
Mohammad Yousef Asar
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Publisher
Al-Quds University
Abstract
This study addresses the crime of investing one's job in the light of the applicable penalties law in West Bank, the Palestinian Penalties Law Draft which is if approved and issued will be the most modern Arab Penalties Law.
The subject of the study triggers several inquiries, which form in whole the problem of he research, the questions are as follow:
-Are there any shortages in the applicable legislations in the Palestinian National Authority in the field of investing one's position?
-Or are there any shortages in practical application of these legislations or pursuing this who commit this crime?
The importance of the study is originated from its contact with the most important group in society, the group of public employees and who correspond to them, as the crime of investing one's job the most important of public employees crimes and it is considered one of corruption crimes, economic crimes and crimes of illegal earning of properties?
This study aims at studying this crime to protect public employment , its fairness , neutrality and honesty from employees playfulness in their jobs and positions , as well as protecting citizens from job exploitation after the spread of corruption represented in exploiting job for the purpose of fund, benefits , profits and the ignorance of employees –in addition to public people .It aims at criminalizing this behavior by an employee to face its committers, avoiding committing it and paying the attention of the Palestinian legislator to the importance of this crime upon approving the Palestinian Penalties Law Draft.
The research has focused on the limits of comparative study between the applicable law in West Bank and the project of Palestinian Penalties Law , as well as between the French law , Egyptian, Jordanian, Syrian , and Lebanese Law .All of this has been done within a comparative legal methodology which has matched the descriptive ,method with the analytical method where the
researcher has depended on the legislative texts to achieve this judicial rules and religious rulings.
The study has concluded concerning the results to the extension of the Palestinian legislator in the field of criminalizing the investment of a job , where the criminalization has been mentioned in several laws , by contrast it has been shown that there is a shortage in practical application for thee texts as well as a shortage in pursuing the committers of these types of crimes.
The researcher has concluded a group of recommendations , the most important of which are :a recommendation regarding identifying a public employee with the Palestinian Penalties Law Project , amendment of the text of article (116) from the same draft, adding new text after article (116) related to investment of job after leaving service and another text to protect the chaired employee.
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Citation
عسر، محمد يوسف. (2009). جريمة استثمار الوظيفة دراسة مقارنه [رسالة ماجستير منشورة، جامعة القدس،
فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/7030f3