Analysis of Afghanistan's legislative criminal policy in the Penal Code in relation to supporting the disclosure of administrative corruption

Document Type : Specialized scientific

Author

Research Director of the Department of Criminal and Criminology

Abstract

Supporting the disclosure of administrative corruption reduces administrative corruption, increases public trust in governance, stabilizes order and public security, and preserves the material resources of the government and private individuals. However, if the protective measures are insufficient and the incentives provided in the law are disproportionate, it causes the whistleblower, his family and those around him to be exposed to life, financial, dignity and job risks. Therefore, in order to strengthen the disclosure process of administrative corruption, different countries organize their legal criminal policy in order to provide criminal protection to the whistleblower. In this regard, the present research has investigated the criminal policy of Afghanistan's penal code in relation to the support of corruption disclosure by using analytical-descriptive method and by referring to written documents.

The findings of the research show the lack of comprehensiveness of the penal policy of the Penal Code in supporting the disclosure of administrative corruption. And unfortunately, the whistleblower of administrative corruption has always paid for his disclosure.

According to the available evidence and the lack of appropriate motivational requirements, Afghanistan is far from a comprehensive legislative criminal policy that fully supports whistleblowers and informers of administrative corruption crimes. However, the introduction of criminal protection for whistleblowers of administrative corruption in the Penal Code shows the serious determination of Afghanistan's legislative criminal policy in supporting the disclosure of administrative corruption.

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