Abstract



Bribery is considered one of the most significant manifestations of administrative corruption and has been criminalized in different legal systems in order to protect administrative integrity and maintain public trust. In Iranian law, this crime is recognized under two titles: Rashā (bribe‑giving) and Ertishā (bribe‑taking). Its legal framework has been addressed in several statutes, including the General Penal Code of 1925, the Islamic Penal Code (Ta’zirat) of 1996, and the 1988 Expediency Council for Discernment of the System Act on the Intensification of Punishment for Bribery, Embezzlement, and Fraud. In French law, bribery is categorized under the titles corruption active and corruption passive, and the offense of trading in influence (trafic d’influence) has also been criminalized independently.

This study adopts a descriptive‑analytical method with a comparative approach to examine how the scope and boundaries of bribery and unlawful trading in influence are defined in the legal systems of Iran and France, and to identify the differences between them. The findings indicate that although both legal systems seek to combat corruption and safeguard administrative integrity, French law provides a clearer distinction between administrative bribery, judicial bribery, and trading in influence. In contrast, within Iranian law—particularly in the 1988 statute—there appears to be a certain conceptual overlap between bribery and trading in influence.



Keywords: Bribery, Unlawful Trading in Influence, Rashā, Ertishā, French Law, Administrative Corruption