Anti- Corruption in the Current Palestinian Terriories Criminal Legal System Comparative Study

Discussion Committee: 
Dr. Nael Taha/suprvisor
Dr. Nabeah Saleh/external examiner
Dr. Mohamad Sharaqa/internal examiner
Dr. Nael Taha/suprvisor
Tomer josef Cohen
This study which is entitled " Fighting corruption in the punishment system in the territories of the Palestinian National Authority – Comparative study – aims at explaining the effects of the absence of political requesting in the Arab ruling regimes which caused some of governmental officials to commit corruption crimes and consider them above the law . The Palestinian society such as the others suffers from this phenomenon which caused wasting the public money . This fact makes us consider fighting corruption a part of basic and reforming solution for the structural problems of the Palestinian political system .Such solution demands activating the images of the civilian society such as the non-governmental organizations, special sector, universities and academic instructors because of their role as educating active tools aims at creating a good political and social context . The study showed there are several definitions for corruption crimes . But there is a common factor for defining these crimes which is that these crimes based on exploiting the public position in both public or private occupations in order to gain personal benefits . Also, it is referred that the most important methods of fighting crimes is drying their resources ,then creating good context decreasing corruption chances . This procedure is known as the national system for impartiality which aims at explaining the extent of corruption inside the state institutions because these crimes have risks in all aspects . Also, the study refers to the most important forms of corruption crimes in the punishment system presented in the Jordanian punishment law which is bribery crime . In addition , the study referred the same forms in the Palestinian fighting corruption law NO.1 , 2005 . The most important form is illegal earning . More importantly, the judgment plays a vital role in fighting corruption crimes because its laws guarantee the most important punishments and recompenses which cause public and private fortification . Consequently, the prevalence of justice arises . The study showed the importance of judgment in activating the systems of questioning and controlling due to the fact that judgment is the title of justice among people , in the same time protects freedoms, public and private interests . Consistently , the right for resorting to judgment has been guaranteed by the Palestinian basic law article ( 97). During the study , The state is responsible for the guarantee and respect of the legal authority dependency . This responsibility makes the judge works without bias and according to the law without being under pressure or under direct or indirect threat . Furthermore, it has been shown that the most important principles which protect the judgment independency ,the right in justice trail and guarantee the human rights . These principles presented in the equality in front of law , the public trail, guarantee human rights, the right of defending , the judge neutrality and assuming that the defendant is innocent until proven guilty which could be applied if the separation between the authorities is available especially the legal authority independency. Also, it is referred that the basic Palestinian law recognizes the legal authority is the third one and not functional. The researcher shed lights on the importance of the media in supporting questioning and controlling systems according to the globalization and information technology . The traditional government continued imposing several legal and administrative restrictions and spreading information and opinions but the government has a material dominance on the information resources . Despite this fact , the dominance has disappeared as a result of advanced technology which made these restrictions less important . It is important to note that the advanced telecommunication made the restrictions on freedom of opinion difficult because the legal statements which restrict the freedom of media became disable. Moreover, the study referred to the role of Arabic media in political questioning via its effects on the Arabic public opinion . The role of media should use all means for administrative controlling in order to work in perfect way to create an effective public opinion which fights corruption. Several obstacles encounters the role of media in this context among these is that the media workers , particularly men, are being targeted by legal actions related to public cases . Some of them have been subjected to severe verdicts , body aggression and custody. Finally, fighting corruption is a whole system which doesn't only depend on one pillar such executive , legislative authority or media . The concentration on this whole system creates a broad range of impartiality. The question which arises in this context is : Do media protect corruptors ? or , is corruption a trait in media ? Or , are media shelter for corruption and corrupters by bribing several media men who have been weakened against money and power and then occupied the position of defending corruption , corrupters
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