What Is Bribery (Rishvat) in Iran and What Are the Penalties for Giving or Receiving a Bribe?

Introduction

Bribery is one of the most serious and damaging financial crimes in Iranian law, undermining public trust and administrative integrity. In legal terms, receiving a bribe by a government official is called “Ertesha”, while the person who pays the bribe is referred to as “Rashi.”

But what exactly does this crime entail? Who is held responsible? What is the difference between the bribe-giver, the bribe-taker, and the intermediary? And what are the punishments under Iranian law?

What Is “Ertesha” (Bribe-Taking)?

Ertesha (ارتشاء) refers to a government employee receiving money, goods, or unlawful benefits in exchange for doing (or refraining from doing) an official duty.

According to Article 3 of the Law on Aggravated Punishment for Bribery, Embezzlement, and Fraud:

“Any public employee or official who directly or indirectly receives money or property for carrying out or abstaining from a duty shall be guilty of Ertesha.”

Elements of the Crime

To establish the crime of Ertesha, the following must be proven:

The offender must be a public servant (permanent, contractual, or temporary)

There must be a duty or task involved (e.g., issuing permits, overlooking violations, speeding up paperwork)

The official must receive a benefit illegally

There must be a clear link between the payment and the duty performed

Who Are the Rashi and the Intermediary?

Rashi: The person who offers or gives the bribe to influence a decision

Mortashi (bribe-taker): The public employee who accepts the bribe

Intermediary or broker: A third person who facilitates the bribe transaction

Under Iranian law, all three parties are criminally liable.

Penalties for Bribery Under Iranian Law

Based on Article 3 of the above law:

The money or goods involved in the bribery will always be confiscated.