IDEAS home Printed from https://ideas.repec.org/a/eme/jfcpps/jfc-11-2017-0114.html
   My bibliography  Save this article

Combatting public procurement criminality or simple rules for complex cases

Author

Listed:
  • Bijan Nowrousian

Abstract

Purpose - Crimes that take place in the context of procurements, such as corruption and subsidy fraud, are a major problem for both integrity and fiscal accountability of public administration. Therefore, combatting such crimes is of great importance. However, this course of action works only if the prosecutors have the instruments designed for what is precisely needed for their fight. One of the things needed is elements of crimes that can be handled easily; and to show this is the purpose of this study. Design/methodology/approach - The author’s practical experience as a state prosecutor dealing with corruption cases and enriched with philosophical thinking about the principles of law indicates that one thing is especially important with regard to the elements of crimes: simplicity. Findings - Corruption and financial crime cases are quite often very complex, involving many participants and considerable effort by the perpetrators to disguise their real actions as normal business procedures. As a result, finding evidence is a difficult task. If the elements of crimes are complex and if they demand detailed evidence, then proving procurement criminality will be even more difficult as it already is and will quite frequently end up in failure. Therefore, giving prosecutors a simple legal framework with elements of crimes, demanding only what realistically can be proven is a key factor for success. Originality/value - Only with such a simple legal framework can the prosecutor’s fight against procurement criminality bring urgent, positive results.

Suggested Citation

  • Bijan Nowrousian, 2019. "Combatting public procurement criminality or simple rules for complex cases," Journal of Financial Crime, Emerald Group Publishing Limited, vol. 26(1), pages 203-210, January.
  • Handle: RePEc:eme:jfcpps:jfc-11-2017-0114
    DOI: 10.1108/JFC-11-2017-0114
    as

    Download full text from publisher

    File URL: https://www.emerald.com/insight/content/doi/10.1108/JFC-11-2017-0114/full/html?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers

    File URL: https://www.emerald.com/insight/content/doi/10.1108/JFC-11-2017-0114/full/pdf?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers

    File URL: https://libkey.io/10.1108/JFC-11-2017-0114?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eme:jfcpps:jfc-11-2017-0114. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Emerald Support (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.