The Function of Risk-Based Justice in the Prevention of Administrative Corruption in Iran

Document Type : Research Paper

Authors

1 PhD student in Criminal Law and Criminology, Islamic Azad University, Ayatollah Amoli Branch, Mazandaran, Iran

2 Associate Professor, Department of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran

3 Associate Professor, Department of Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch, Tehran, Iran

Abstract

Introduction
Throughout the continuum of history, societies have always been exposed to various forms of wrongdoing. The naturalistic perception of crime represents a novel approach compared to earlier views on how to confront this phenomenon and establish punitive justice. The assumption of the inevitability and naturalness of crime creates a perspective akin to natural laws in dealing with it. Based on this view, just as natural phenomena are observable, law-governed, and predictable, human offenses also possess such characteristics. In this context, the theory of distributive justice in combating administrative corruption relies on measurable and efficient 
indicators, focusing on productivity and reducing the operational costs of the criminal justice system. The enactment of the Administrative Integrity and Anti-Corruption Promotion Act of 2011 (1390 Iranian calendar) reflects the legislature's recognition of the serious threat posed by financial and administrative corruption to the social and political system. From a legal standpoint, provisions such as Article 3 of the 2011 Act, along with its amendments in 2020 (1399), emphasize transparency in financial and administrative processes and provide a solid foundation for implementing distributive justice. The objective of this study is to identify and examine the applicability of the principles of the distributive justice approach in controlling and preventing administrative corruption.
 
Methods
 The data and materials for this study were collected through library-based research. The analysis was then conducted using a descriptive–analytical approach, relying on rational and argumentative examination to explore the concept of actuarial justice and its functions in the non-penal prevention of administrative corruption in Iran.
 
Results and Discussion
 The findings of the present study indicate that the actuarial justice approach conceptualizes the offender as an aware, responsible, and autonomous decision-maker. Within this framework, crime is understood as a dynamic phenomenon, allowing the identification of high-risk and low-risk actors through scientific and empirical instruments. The amended Law on the Promotion of Administrative Health and Combating Corruption (2019) reflects the practical application of managerial criminology by emphasizing situational prevention in the domain of administrative and financial offenses. Nevertheless, operational challenges such as discretionary interpretation of legal provisions and the lack of effective oversight have contributed to a decline in public trust and an expansion of bureaucratic complexity. In the context of situational prevention, this law seeks to reduce pre-criminal opportunities and increase the costs of corrupt behavior by introducing concrete and technology-based mechanisms. Various provisions of the law underscore preventive measures including electronic disclosure and contract registration, coverage of vulnerable areas, establishment of a comprehensive tax information system, cadastral mapping, cybersecurity enhancement, and the utilization of supervisory institutions' capacities in addressing administrative corruption.
 
 




Volume 18, Issue 3, Autumn 2026
 




Conclusion
 The theory of risk-based justice in the postmodern discourse views humans as aware, responsible, and autonomous actors in decision-making, and employs scientific and statistical tools to enable the identification and management of crime risk. Within this framework, crime is considered a fluid and continuous phenomenon, where high-risk and low-risk actors are distinguished and predicted using scientific methods. This approach's focus on the instrumentalization of humans limits their capacities for independent thought and awareness, positioning the actor as a means to achieve maximum utility. The rules established in this system take precedence over human ideals such as freedom and justice, and may, through increased bureaucracy and administrative paperwork, reduce the efficiency of administrative and social processes. In the domain of situational prevention, the Administrative Integrity and Anti-Corruption Promotion Act provides tangible and technological mechanisms aimed at reducing pre-offense opportunities and increasing the costs of committing corruption. Article 3 addresses electronic reporting and contract registration, Article 4 covers vulnerable points, Article 9 concerns a comprehensive taxation system, Article 12 addresses demarcation, Article 21 pertains to cybersecurity, and Article 32 emphasizes the utilization of the capacities of oversight institutions. The results of this study demonstrate that, on the one hand, actuarial justice cannot function as an effective instrument for reducing administrative corruption on its own unless it is localized and meaningfully connected to cultural and social contexts. Strengthening coherence between legal indicators, implementation frameworks, and a contextual redefinition of justice enhances its preventive capacity in the field of administrative corruption. On the other hand, transparency in the activities of public officials, public access to information, and the regular publication of reports contribute to limiting pre-criminal opportunities, increasing the likelihood of detecting corrupt practices, and rebuilding public trust.

Keywords

Main Subjects

References

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Journal of Legal Studies
Volume 18, Issue 3 - Serial Number 58
October 2026
Pages 225-260

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