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Open Access Article
1 - Necessities and obstacles of using the secret operation of entrapment in the economic crime of money laundering
Mohammad Pirani Asghar Abbasi Ali GhorbaniBackground and purpose – Economic crime have led to destructive effects and negative economic consequences for the country. Special characteristics, including low visibility, high dark figure, dynamism, wide scope of danger, and special information make detection MoreBackground and purpose – Economic crime have led to destructive effects and negative economic consequences for the country. Special characteristics, including low visibility, high dark figure, dynamism, wide scope of danger, and special information make detection of these crimes difficult. Thus, secret entrapment operations can be considered as a suitable solution to fight against this type of crimes. However, the lack of recognition of the necessities of and obstacles to the enforcement of secret entrapment operations for economic crimes will cause doubts both in the enforcement or non- enforcement of these operations as well as in the public’s minds, making them unoptimistic towards the nature of such operations. This study attempts to answer the questions that: “what are the main obstacles and necessities of the enforcement of the secret entrapment operations for the economic crime of money laundering?” and “how can these necessities and obstacles be explained?”Methodology – This study is descriptive-analytical and has investigated and analyzed the above-mentioned questions using the library and note-taking methods.Findings and results –While explaining the necessities and obstacles of the enforcement of a secret entrapment operation for the economic crime of money laundering, this study can be successful on the one hand for guiding the police, designers and operators of secret operations in the enforcement of secret entrapment operations, and on the other hand, increase the public's trust in the police and judicial system. Manuscript profile -
Open Access Article
2 - Legal analysis of police traps and traps in the detection of economic crimes
Mohammad Pirani Asghar Abbasi Ali GhorbaniBackground and purpose: Economic crimes are one of the most important issues in our world, which are committed in the context of today's life due to the abuse of intelligence and talent. In these crimes, where trickery and concealment have played a significant role, the MoreBackground and purpose: Economic crimes are one of the most important issues in our world, which are committed in the context of today's life due to the abuse of intelligence and talent. In these crimes, where trickery and concealment have played a significant role, the discovery of the crime is a very difficult and dangerous matter, therefore, the use of traps and police traps can be an important way to discover this category of crimes. But not knowing the pitfalls and traps can waste law enforcement resources and cause the economy of covert operations to fail. This article aims to answer the question that what are the most important police traps and traps in economic crimes and how can these traps and traps prevent the budget from being wasted in such secret operations.Methodology: This article is descriptive-analytical and has investigated and analyzed the above-mentioned question using the library and survey method.Findings and results: This article, while explaining the types of pitfalls and traps in the two economic crimes of money laundering and bribery, can on the one hand guide the police, designers and operators of covert operations in the implementation of a covert operation in a way that causes No wastage of resources to apply the law and on the other hand, to provide more trust of the people to the police and judicial system. Manuscript profile -
Open Access Article
3 - Investigating Iran's legal and judicial criminal policy in the field of economic crimes with an emphasis on Islamic jurisprudence and Iranian law
Mehdi Dida Salameh Abolhasani Naghmeh farhoudIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has b MoreIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has become an acute problem at the national and international level, which in case of lack of control can challenge the efficiency, legitimacy and even the survival of governments in addition to political, economic, social and security consequences. . In order to solve this pervasive problem, in the first step, it is necessary to identify all the dimensions and characteristics of economic crime, and after being aware of this important factor, it must be carefully identified from the jurisprudential and legal point of view. The criminalization of economic crimes is one of the tools and mechanisms of the criminal policy of every country in dealing with crime and economic deviations; If it is not based on a reasonable and logical policy and solid foundations, not only will it not give the desired result, but it will also cause many economic and social problems. The judicial criminal policy of economic crimes is the core of the country's criminal policy, and Manuscript profile -
Open Access Article
4 - Jurisprudential and legal feasibility of abolishing the death penalty for the crime of disrupting the economic system in Iranian law with an emphasis on judicial procedure in Iranian law.
jebraeil nozohor anahita seifi reza faniThe death penalty is considered to be one of the most challenging legal issues, as some legal systems have abolished this punishment under the influence of international and regional human rights documents, but some still apply it to serious crimes and there is a consen MoreThe death penalty is considered to be one of the most challenging legal issues, as some legal systems have abolished this punishment under the influence of international and regional human rights documents, but some still apply it to serious crimes and there is a consensus on its general abolition worldwide. not achieved Therefore, according to the importance of the death penalty, this research with a descriptive and analytical method does not answer the question, is there a possibility of abolishing the death penalty in the crime of disrupting the legal system of Iran? The findings of this research show that the legal basis for criminalization and the imposition of the death penalty in the said crime is based on the general title of corruption in the land and does not have reasonable jurisprudential standards. In addition, the judicial procedure also faces challenges such as ambiguity in the cases, inconsistency of legislative criminal policy with judicial criminal policy, limitation of fair trial standards and defendants' defense rights. The result of this research shows that in terms of jurisprudential and legal rules and principles, including the principle of caution in temperature, the rule of law, the principles governing criminal law and the need to pay attention to human rights standards, the death penalty as a repressive criminal response should be an exception and limited to the most important cases and should not expand its scope with a wide interpretation. Manuscript profile -
Open Access Article
5 - The spread of corruption on earth to economic crimes: their contexts and challenges
Ali Asadi Amir Sedighiyan Ali ZArePredicting widespread disruption in the country's economic system as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 1392, it is necessary to study the context of this procedure in legislation related to economic crimes and analyze MorePredicting widespread disruption in the country's economic system as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 1392, it is necessary to study the context of this procedure in legislation related to economic crimes and analyze the challenges. Although the adoption of this procedure in previous special laws such as the law of punishment of disruptors in the country's economic system is unprecedented, but its use in the Islamic Penal Code as the mother law has doubled the need to explain and analyze the components. Regardless of the lack of reliable foundations for criminalizing corruption on earth in the view of book commentators and Imami and public jurists, the study of the legislature's implications for the extension of this novel criminal title to economic crimes suggests the prevalence of populist and instrumentalist views in criminal law. With economic crimes. Influenced by these views, it has caused major challenges such as adopting repressive approaches and not paying attention to the specific characteristics of economic crimes and their perpetrators. Attaching the security label of a corruptor on earth to an economic defendant and reducing the ability of criminal defendants to direct the case to a fair trial on the one hand and facilitating the escape of the perpetrator from the legal punishment due to the unwillingness of the judiciary to use life imprisonment and consequent deterrent punishment. On the other hand, it is part of the corrupt sequence of the above-mentioned challenges. Prudent crimin Manuscript profile -
Open Access Article
6 - Identification of Dimensions and Components of the Criminal Policies in Different Stages of the Proceedings of Economic Crimes
Morteza Rezaei Mahmoud Qayyumzadeh Hossein Khosravi Amir MolamohammadaliThe influence of criminal populism in the field the economic crimes policy-making has caused that the strict emotional, diurnal and criminal incident-based policies will be approved and implemented while these programs have not been scientifically evaluated. Upcoming ar MoreThe influence of criminal populism in the field the economic crimes policy-making has caused that the strict emotional, diurnal and criminal incident-based policies will be approved and implemented while these programs have not been scientifically evaluated. Upcoming article in examining the populist criminal policies in different stages of the proceedings of economic crimes with the aim of reducing such criminal policies achieved this conclusion that adopting the immediate , short-term and propagandistic criminal policies and programs , focusing on the strict criminal responses, emphasizing on the exhibitive aspects in the trial and execution of the sentence, defamation of the convicts by disclosing their identities, creation of untimely organizational structures and the dominance of the media discourse over control policies are from most important manifestations of criminal populist policies in Iran. Adopting populist policies in dealing with economic crimes has consequences such as: policy-making with the aim of gaining public acceptance, inflation of criminal laws, tendency to strict mechanisms, reduction of the judges' liberties in determining punishment, limitation of fair trial criteria . Impressionability of the public opinion from the media political space and the emotionalization of the prevailing atmosphere against economical corruptions provide appropriate platforms for the adoption of immediate, short-term and propagandistic criminal policies and programs. In practice, these policies have caused the formation of new structures to deal with economical corruptions and creation of double responsibility of crime control institutions in the manner that the failure of the criminal justice system and new established institutions in achieving the determined goals caused pessimism and unreliability of the people in regard to the efficiency and effectiveness of the criminal justice system and economical anti-corruptions institutions . Manuscript profile -
Open Access Article
7 - Capacities and Limitations of Canonical and Jurisprudence Principals in Criminalization of Economic Crimes from an aspect of Imami Jurisprudence
Mohammad Mahdi Alizadeh Moghadam Mahmoud Qayyumzadeh Mahdi FalahReceive Date: 2022/10/08 Revise Date: 2022/11/17 Accep MoreReceive Date: 2022/10/08 Revise Date: 2022/11/17 Accept Date: 2022/12/13 Economic Crimes are not defined by lawyers comprehensively and exhaustively till now and the best method of identification of these crimes is through using the characteristics determined for them which include factors such as organization, low possibility of detection, economic motivation, credibility, involvement of organizations and economic activities, acquisition of benefits and protected values and finally their macro-level impact. This research adopts a descriptive analytical method and relies on library sources to find the response of this question that the Imami jurisprudence deals with which capacities and limitations in the criminalization of economic crimes? The findings of this research emphasized that this capacities involved two groups: religious principles (such as the principle of sanctity of invalid use of property, cooperation with sin, prohibition preceding prohibition and disobedience) and rational principles (including the principle of harm avoidance, expediency, order, trustworthiness, and fair wealth distribution). These principles enable Imami jurisprudence to criminalize the economic crimes that were not explicitly existed in Islamic teachings. However, like any other crime, the criminalization of economic crimes may face certain limitations that most important of this jurisprudence limitations are anecdotalism, lack of a structural approach, disregard for established issues and farness from governmental function. Manuscript profile -
Open Access Article
8 - The Challenges of the Judicial Criminal Policy of Iran in dealing with the Crimes of Disturbance of the Economical System of Country (with a Critical Approach to a Number of Judgments of the Criminal Courts)
Sayyed Ali Hosein Al-Hoseini Saeid Hakimiha Sayyed Ali Jabbar Golbaghi MasoulehThe crime of disturbance of the economical system of Iran, due to the frequency of its occurrence in recent decades is regarded by the criminal law community of Iran and the subject of researches in the field of criminal sciences that in this regard, the upcoming articl MoreThe crime of disturbance of the economical system of Iran, due to the frequency of its occurrence in recent decades is regarded by the criminal law community of Iran and the subject of researches in the field of criminal sciences that in this regard, the upcoming article with identification of existing shortcomings and gaps in the judicial criminal policy of the Islamic Republic of Iran in confronting the disturbance in the economical system of the country, tries to indicate disorders originated from the implementation of this policy in the judicial procedure. The resulted findings from examination of the judicial criminal policy in dealing with these series of crimes of disturbance of the economical system of country, indicates that the criminal policy of Iran in dealing with these kind of crimes is different from other crimes and is in a repressive way and the most important challenges of the judicial criminal policy of Iran in confronting the crimes of disturbance of the economical system of the country is the multiplicity of the investigative authorities, binary interpretations and comments of the trial courts of the mentioned phrases and words in the Penal Code of Disruptors in the Economical System of the Country approved in 1369 and even the lack of the public prosecutor's office and the professional courts at the level of the country's provinces are for the purpose of professional researches and investigations about such crimes. Manuscript profile -
Open Access Article
9 - Conceptualization of economic crimes and strategies to deal with them in the criminal policy of Iran and France
meysam imani naghmeh farhud Seyyed Yazdullah Taheri NesabBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society, and Iran is no exception. Iran's economic environment, due to suffering from many injuries, compared to economic systems like France MoreBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society, and Iran is no exception. Iran's economic environment, due to suffering from many injuries, compared to economic systems like France, creates a more favorable environment for committing economic crimes, the spread of economic crimes prevents the government from achieving its national goals in the field of economic security and general crimes. endangersMethod: The present research was carried out using a descriptive and analytical method.Findings and results: For the first time, the Islamic Penal Code has presented a concept of economic crime by the method of "limited explanation of examples". To some extent, it can be said that examples of economic crimes have been stated. The criticism of economic crimes in Iran's current criminal policy is that some crimes, such as securities market crimes, are excluded from the scope of the definition, and some crimes do not have an economic nature and can only be related to economic crimes. , such as not announcing the occurrence of these crimes by the official authorities, they are included in economic crimes. Contrary to French law, in Iran's criminal policy, especially from the point of view of formal rights, there is no coherent and regular approach and no differential regime has been considered to fight these crimes, and despite the specification of "Special Court for Economic Crimes. Manuscript profile -
Open Access Article
10 - Pathology of Iran's criminal policy in economic crimes
mahdi dida salame Abolhasani naqmeh farhoodBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society. Iran will not be an exception. Iran's economic environment, due to suffering from many injuries, compared to the economic systems of MoreBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society. Iran will not be an exception. Iran's economic environment, due to suffering from many injuries, compared to the economic systems of other countries, creates a more favorable environment for committing economic crimes, the spread of economic crimes prevents the government from achieving its national goals in the field of economic security, and general crimes make matters worse. risks The goal of the research is the pathology of Iran's criminal policy approach to economic crimes.Method: The present research was carried out using a descriptive and analytical method.Findings and results: lack of providing a definition of economic crime, legislative dispersion in the field of economic crimes, the repressiveness of criminal policy in this field, the lack of practical coherence in the single criminal policy, the predominance of criminal populism and security-oriented criminal policy in dealing with economic crimes. One of the challenges and damages in Iran's current criminal policy is related to economic crimes. Manuscript profile -
Open Access Article
11 - Manifestations of populist criminal policies in different stages of economic crime proceedings
Morteza Rezaei Mahmoud Qayyumzadeh Hossein Khosravi Amir MolamohammadaliThe influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies b MoreThe influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies by channels and non-scientific centers has caused, contrary to the initial perception of policy makers, the desired results have not been achieved. In recent years, after the economic crisis and the fall in the value of the rial, profiteers have mainly entered the foreign exchange, coin and car markets by using rents and have disrupted these markets and as a result, the economic situation has become more critical. The importance of the currency and coin market is that any fluctuations and inflation in the currency and coin market cause unbridled inflation in other markets, including the housing market, the car market and the market of basic and non-essential goods. As a result, it can be said that stability in the currency and coin market is directly related to economic stability at a level and to the social, economic and political security of the country at a larger level. It is obvious that controlling the currency and coin market, especially in times of economic crisis (such as what happened after the imposition of sanctions on the Iranian economy), is very important, but it remains to be seen whether Iran's criminal policy approach is effective in this regard. Has been or not. Among the manifestations of populism in dealing with economic crimes can be such things as: adopting immediate and short-term criminal policies and programs and propaganda, focusing on strict criminal responses, emphasizing theatrical aspects. In the trial and execution of the sentence, he pointed to the defamation of the convicts by disclosing their identities, the creation of untimely organizational structures, Manuscript profile -
Open Access Article
12 - Mechanism of prevention of economic crimes from the point of view of Supreme Leader
Sajjad Rahmati torkashvand pari babakeshizadeh farzaneh saboori neda mohammadoghli hora ataeifarEconomic crimes are one of the important issues affecting the current society of the Islamic Republic of Iran, which has many destructive economic and social effects. Economy plays an irreplaceable role in the lives of people in the society, and because of its direct co MoreEconomic crimes are one of the important issues affecting the current society of the Islamic Republic of Iran, which has many destructive economic and social effects. Economy plays an irreplaceable role in the lives of people in the society, and because of its direct contact with people's lives, it is fundamental and cannot be ignored in any way. In a way that, according to Masoomin, disorder in the field of economy not only causes disruption in other areas of life, but also affects religion and human resurrection. Despite the existence of various laws and numerous efforts to fight and deal with this type of crime, it has not been as fruitful as it should be. This article tries to investigate this important issue, what are the challenges of dealing with economic crimes and the solutions that can be proposed in this field according to the statements and views of the Supreme Leader? The present research is theoretical; Manuscript profile -
Open Access Article
13 - Criminology of stock market crimes as economic crimes in Iranian law
Mohammad Sadeghi Javad Rajabi Salman Hassan HajitabarCriminal protection of the capital market is considered as a separate matter in the rights related to investment. The purpose of this support is to protect the rights of shareholders, to create order in the stock trading market, and also to prevent harmful behaviors. In MoreCriminal protection of the capital market is considered as a separate matter in the rights related to investment. The purpose of this support is to protect the rights of shareholders, to create order in the stock trading market, and also to prevent harmful behaviors. In order to achieve these objectives, it is necessary that the determined criminal execution guarantees are appropriate to the committed behaviors and have been formulated and approved in order to achieve these objectives. The 6th and 7th degree punishments, which were modified and suspended in different ways in the reforms of 2019, cannot be considered as a deterrent and, of course, a reformer in the case of harmful stock market behavior. On the other hand, due to the spread of stock market activities at the community level and the involvement of different groups of people in this economic scene, and following the occurrence of some harmful behaviors with a wide range, the proportion between the behavior criminality and determined legal punishments, to be violated in an obvious way. It seems that in order to compensate for this shortcoming in Iran's criminal policy, it is necessary to carry out a fundamental review of criminal behavior and on the other hand, taking into account the amount of damage caused to individuals and the economy as a whole, appropriate crimes should be established that have deterrent power and restorative properties. to have Manuscript profile
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