Impact of Merida Convention on Criminal Law of Afghanistan and its Relation with Imamia’s Jurisprudence

(with emphasis on the crime of bribery and embezzlement)

Abstract

Administrative corruption is one of the common challenges that has involved more or less all legal systems. Therefore, the cope against administrative corruption is one of the most significant concerns of the international community. The Merida Convention is one of the international measures in coping against administrative corruption. Considering the fact that Afghanistan is one of the members of the convention and during the last two decades, on the one hand, it has the highest statistics of administrative corruption, and on the other hand, it has enacted several laws and regulations in the field of coping against administrative corruption, examining the effectiveness of criminal law Afghanistan is important from the Merida Convention. The purpose of the current research is to study the impact of the criminal law of Afghanistan on the provisions of the Merida Convention and its relationship with jurisprudence. Therefore, this article tries to provide answers to the questions, to what extent the internal laws of Afghanistan have been influenced by the provisions of the Merida Convention and assimilated with the  provisions of the Convention? What does this assimilation have to do with jurisprudence? Research data has been collected through library studies and analyzed using analytical-descriptive research method. The findings of the research show that Afghanistan has been successful in aligning domestic regulations with the convention from the legislative aspect. But in some cases, such as the development of the concept of corruption to the private sector and international cooperation, especially the return of criminals and property obtained from administrative corruption crimes, the jurisprudence of allocating bribes to rulers and judges, and Qaeda-e-Naf-e-Sabil have been ignored.