Comparative Study of Rent-Seeking in the Criminal Justice Systems of Iran and England with Reference to International Instruments

Abstract

Rent-seeking, as one of the most long-standing forms of rights-violating conduct, has consistently been a major concern of nations, and combating it is regarded as a legitimate demand of societies. The criminal justice system in each country bears responsibility, on behalf of the legislature, for responding to this demand in order to safeguard rights, public interests, and the values endorsed by society. At the same time, the effective fulfillment of this responsibility requires the realization of numerous conditions, ranging from appropriate legislation to the political will of the governing authorities and the participation of the public, all of which may vary significantly from one country to another. The success or failure of criminal justice systems in combating rent-seeking and other forms of corruption undoubtedly depends on these conditions, and neglecting them leads to analytical distortions, the absolutization of responsibility, and ultimately the failure of the criminal justice system. Within the Iranian context, rent-seeking occupies a particularly prominent position among other forms of corruption in terms of its scale, characteristics, and the extent of the damage and losses it generates. Consequently, some commentators, without adequate attention to other contributing factors, identify the primary cause of the current situation as the absence of explicit criminalization of rent-seeking and the existence of opportunities for rent extraction. On this basis, they advocate for the enactment of a specific statute to combat it. However, various existing laws, under different titles and in a fragmented and sometimes indirect manner, already address the phenomenon of rent-seeking. Under these circumstances, in order to clarify the realities underlying the high level of rent-seeking in the country and to dispel pessimism and suspicion regarding the capacity of the criminal justice system, a comparative study of Iran’s criminal justice system with that of a country that has been successful in combating rent-seeking is considered essential. The outcome of such research will be enhanced awareness of the strengths and weaknesses of Iran’s criminal justice system and a clearer understanding of the causes of the elevated rate of rent-seeking.