The Initial Investigation of Corruption Crimes: A Critical Analytical Study in the Jordanian Integrity and Anti-Corruption Law No. 13 of 2016
Dr. Asem Adel Mohammed Al-Adayleh
Researcher and investigator for the Integrity and Anti-Corruption Commission – Jordan
Abstract:
This study deals with the regulation of the Jordanian legislator of the Integrity and Anti-Corruption Law and the procedures for the preliminary investigation in corruption cases. The legislator did not specify special provisions for these cases despite the fact that these crimes are characterized by being complicated, complex and continuous, with different and multiple forms and aspects. Therefore, tracking and combating them require special and developed non-traditional means and procedures, and specialized and experienced judicial police able to accomplish this task to the fullest extent. These two considerations constitute a basic pillar for the success of the continuous and subsequent efforts to combat corruption, the results of which appear in the Public Prosecution and the courts specialized in considering these crimes and the perpetrators.
The study presented this topic through two requirements: the first was devoted to discussing the authority competent for the preliminary investigation of corruption crimes, and the second approach dealt with examining the methods of preliminary investigation of corruption crimes, relying on descriptive analytical approach and comparative approach alternatively.
The study concluded with a number of results, the most prominent of which was the failure of the legislator to address the issue of granting the judicial police competent to fight corruption the powers necessary to search and investigate this type of crime, in a manner that ensures effectiveness, speed and accuracy. The study concluded with the recommendation that the legislator should interfere to stipulate the mandatory appearance of witnesses before the judicial police, and the exclusivity of the initial investigation of corruption crimes with the judicial police in the Integrity and Anti-Corruption Commission, and grant the staff of the commission the status of the judicial officer directly and originally, by identifying the departments that have this capacity.
Keywords: preliminary investigation, corruption crimes, criminal justice, integrity commission, anti-corruption.