Fundamentals of Criminalizing Crimes Related to Digital Currencies in Iran with a Look at Its Jurisprudential Aspects
Subject Areas : All jurisprudential issuesMoharram Kokabi 1 , Babak Pourghahramani 2 * , Fatemeh Ahadi 3
1 - PhD student, Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2 - Associate Professor, Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
3 - Associate Professor, Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
Keywords: Virtual currencies, Iranian criminal policy, criminalization,
Abstract :
One of the realities we face today and its scope is increasing every day is the prevalence of using cryptocurrencies in online transactions. In recent decades, the rapid advancement of technology, especially in the field of financial technologies, has brought about remarkable changes in the monetary systems of countries, changing various aspects of people's lives as well as governments. Among these new technologies are currencies based on blockchain technology, which are known as cryptocurrencies or encrypted currencies. Given the unique characteristics of these types of currencies, including being decentralized and not requiring a central and supervisory institution for money transfer (peer-to-peer transfer) and the uncertainty of the true identity of the recipient and sender, it is important to examine Iran's criminal policy towards preventing criminal activity related to virtual currencies. Regulation regarding the criminal risks of virtual currencies in Iran also has significant differences from many countries, and policymakers and regulators in Iran have taken a different path. This approach began with the prohibition of the use and exchange of virtual currencies on the grounds of their potential for money laundering, which promised greater attention to virtual currencies from the perspective of money laundering regulations. However, subsequent measures, which were accompanied by the publication of a draft document on the requirements and criteria for activities in the field of virtual currencies in the country dated 8/11/2018, indicate the marginalization of the approach related to money laundering to virtual currencies and the strengthening of an approach that is trying to consider virtual currencies as common currencies such as dollars and euros and to bring them under the scope of currency-related laws, including the Law on Combating Smuggling of Goods and Currency 1392 with subsequent amendments and additions.
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