Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

The Crime of Acceptance of nepotism in the Jordanian Legislation and Problematic Application (Comparative Study)


Abstract | الملخص

ABSTRACT This study searches for an explanation of the crime of acceptance of nepotism in the Jordanian legislation and the problems of applying through analyzing the text of article (5/f) from the law of Anti –corruption commission for 2006 and its amendment which rejects accepting the nepotism ,and explain its vocabulary and elucidate mystery of some aspects and shows the problems that may face its application. Further more shows the properties of the crime of accepting the nepotism the reason of criminalizing it and distinguishes it from similar crimes and shows its elements as well as the responsibility of its actors and the estimated penalty to them by law . The researchers depended in their study on the analytical method in analyzing the text of article (5/f) as the most appropriate method in the legal studies ,and comparative method which complements the findings of the analysis by comparing what is mentioned by the Jordanian legislator regarding this crime with some of the Arab legislation . The most important thing that the study recommends is the necessity of involving the Jordanian legislator in correction of the text of article (5/f) to limit the right , which the legislator seeks to protect ,and determine the status of the nepotism acceptance accurately and clearly .as well as clarify some of mysterious items ,and the selection of terminology consistent with the legal parameters ,and abandoning the method in determining the criminal behavior by the action of acceptance and make it turn to the immediate response concept for the nepotism not just a mere acceptance .

Authors | المؤلفون

Mish’al Al-Raggad , Fahed Al-Kasasbeh

Keywords | الكلمات الدالة

nepotism، Jordanian Legislation

References | المراجع