Because Australia is a federation and criminal law is State based, a comparative study will be conducted between Kuwait and one state or more than one State in Australia. The main three States are New south wales, Victoria and Queensland.
Bribery is considered as one method of illegal obtaining control over the property or person of another by using institutional power. The main features of this, unlike other control over property, it is likely to be committed by persons who have governmental power. Moreover, what makes this crime difficult to detect is that this crime is considered victimless because of the combination of higher-status official and the frequent lack of a direct victim to complain.
That difficulties is accompanied by a number of devastating effects of bribery as a form of corruption makes countering this crime is vital.
Both Kuwait and Australia have ratified the United Nation Convention against corruption. This convention provides a formula for countering the devastating impacts of corruption, which can affect both developed and developing countries.
The convention imposed to the States parties a number of obligations which may have significant contributions to alleviate corruption.
One of the important obligations is to ensure that bribery and abuse of functions are criminalized on the domestic law of the States parties as they constitute form of corruption.
In addition, there is an obligation to establish independent commission against corruption aiming to ensure that all legal requirements and policies imposed by the convention are appropriately adopted and applied.
In spite of the fact that both Kuwait and Australia have ratified this convention, there is a huge gap between them regarding corruption. According to SBS in study conducted in 2013, Australia hold the 9th place for transparency and countering corruption while Kuwait hold the 64th place.
Aims of the thesis
1- To identify the extent of the need for reforms on current bribery laws (in criminal law prospective) of both countries in order to ensure that both individuals and corporates (all legal persons) are sufficiently subject to bribery laws.
2- To critically evaluate the integrity of criminal processes dealing with bribery in both regimes.
3- To critically evaluate the role of the independent commissions against corruption currently and recently operating in both countries in order to identify the best practices and policies for countering bribery as a form of corruption as well as its impacts on criminal processes.
4- to identify the extent of the need for reforms for politics or administrative systems on both countries which may have significant contributions to this phenomena.
Why the research is important
This research is important because it aims to find out imperfections of both Australian and Kuwaiti regimes dealing with bribery as a form of corruption. Especially in Kuwait in which the importance of countering corruption has not been considered as priority until recently , after a long history of corruption events which has not been investigated, its appearance is confined to the media.
Even though the importance of countering corruption in Australia has been seen as priority even before becoming party to the United Nation Convention Against corruption, this involvement to the convention has obliged Australia to make more initiatives to counter corruption.
Therefore, with new initiatives implemented adopted by Kuwait to counter corruption which demonstrate the real willingness to counter corruption, this research can contribute in establishing more effective regime in countering corruption by suggesting new reforms for current regimes or/and suggesting new measures. This can be done by a comparative study with the Australian regime which seems to be more effective.