Criminal Liability Elements for Corruption Crimes in the Execution of Administrative Contracts: A Comparative Study between Saudi Law and Egyptian Law 10.35781/1637-000-172-003

Abstract

Abstract

This study examines the elements of criminal liability for corruption crimes occurring during the execution stage of administrative contracts under Saudi and Egyptian law, as this stage is closely linked to public funds and public services, making it highly vulnerable to corruption and abuse of authority. The study aims to identify the constituent elements of criminal liability, including the presumed element represented by the status of the public official or equivalent person, the material element reflected in criminal conduct during contract execution such as bribery, fraud, manipulation, forgery, and deception, and the mental element based on criminal intent or criminal negligence, while distinguishing between administrative or contractual fault and criminal liability.
The study adopts a comparative analytical approach by examining relevant legal provisions in Saudi and Egyptian law concerning corruption crimes, particularly bribery, forgery, competition law, public procurement, and public service discipline.
The study concludes that criminal liability cannot be established on the basis of a mere contractual breach, but requires the full existence of all elements of the offense in accordance with the principle of legality. It also finds that the execution stage represents a fertile environment for various forms of corruption due to multiple actors and overlapping administrative and technical competencies. Furthermore, both legal systems share common principles regarding legality and personal criminal responsibility, while differing in legislative structure and regulatory mechanisms.
Keywords: Criminal liability – Corruption crimes – Administrative contracts – Contract execution – Public official – Material element – Mental element – Saudi law – Egyptian law.