Journal of Criminal Law Research

Securityism and Restriction of the Right of the Accused to Defend in Economic Crimes (Challenges and Solutions)

Document Type : Research Paper

Authors

Anahita Seifi 1
jabrail nozohour 2

1 : Assistant Professor of International Law; Department of Women's Studies, Allameh Tabataba’i University,Tehran,Iran

2 PhD student of criminal law and criminology of Islamic Azad University.Ardebil,Iran

https://doi.org/10.22054/jclr.2024.66132.2448
Abstract
Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.Economic crimes are one of the major challenges of societies at the national and international levels and have devastating effects on the economic order and security of countries. The security of some economic crimes based on jurisprudential views and hostile discourse towards macroeconomic criminals and the globalization of some new forms of these crimes have led to the use of security-oriented strategies in the process of prosecuting economic crimes in Iran. This study intends to analyze the effects of security-oriented approaches and the challenges they face in teaching economic crimes in the Iranian legal system through descriptive and analytical methods. The findings of this study show that the country's judicial system does not have the necessary coherence in this regard. Applying a security-oriented approach in responding to the perpetrators of these crimes has led to its confrontation with the global model of fair trial and deviation from its standards and has limited the right of defendants to defend themselves. Extreme securityism is corrupt in the long run, regardless of human rights standards. It requires the existence of a coherent and differential criminal policy, especially in the procedure of these crimes in the organization and the trial, and attention to professionalism in all its dimensions.
 

Keywords

Economic crimes
criminal policy
security
criminal procedure
right of defense of the accused
Subjects

  • -      Abdoul ali Tavajohi and Dehghani, Ali, (2012), " The Conflict between Security-Oriented Approach and Fair Trial Rules", Criminal Law Research Quarterly, Volume 1, Number 3. [In Persian]

    • Acnouri, Mohammud, (2015), Lasustice Penale (Les Articles) 2 en edition, Tehran, Dadgos tar publication.
    • Ashuri, Mohammad, (2013), Criminal justice 2, collection of articles, second edition, Tehran, Justice Publications. [In Persian]
    • Alireza Pakzad, Batol. Aalipour. Hasan Saber. Mohmood. (2019). “Jutifging Treatmant for Economic
    • Crimes: The Threat of Crime or Perpetrator's Risk?” Journal of Criminal Law Research, Volume 8. Lssue28.
    • Baba Khani, Erfan, Rostami, Hadi, (2022), "Differential Investigation of Economic crimes in Iranian and French Law",Comparative Studies on Islamic and Western Law, Volume 9, Number 31. [In Persian]
    • Babakhani,Erfan.Rostami,(2022),”Differential Investigation of Economic rimes in Iranian and French Law”,Journal Comparative Studies on Islamic anf Western Law, Volume9,. Lssue31.
    • Baranji Ardestani, Marjan, (2009), "Effects of securitization in Iranian and American law", Journal of Law and Security, Volume 3, Number 3. [In Persian]
    • Bayat, Mohsen, Moazenzadegan, Hassan- Ali, (2020), “Defendants Defense Rightsis in the lack of substantir Appeal of the Verdict criminal”. Journal Joudiciol Law views Quartarly, Volume 25, Lssue 89
    • Brenjirardestani, Marjan. (2010). “Security Oriented in I.R. Iran and Usa. Criminal Law”, Ouaterly of order and Security Guards, Volome3 Issue3. .
    • Christine,Lazerges,{2020). Introduction LAPolitioue Criminelle, Traduit en Person par A, H, Nadgafi, Abrandabadi, 8Edition, Tehran, Mizan publication.
    • Croall, Hazel:(1999) Invisible crimes, their victims and their regulation, white-collar cime: an overview and Discussion, Macmillan Press LTD
    • Debirzadeh, Elaha, (2018), Modeling in criminal proceedings based on power and freedom, first edition, Tehran, Majd Publications. [In Persian]
    • Delmas Marti, Miri, (2012) "Paradigm of the war against crime, legitimizing the inhumanity", translated by: Ruhuddin Kurd Alivand, Criminal Science Updates (collection of articles), under the supervision of Ali Hossein Najafi Abrandabadi, first volume, first edition, Tehran. Publication of Mizan. [In Persian]
    • Delmas Marty, Mireill, (2009), The Paradigm of theWar Against Crime Legitimizing the Inhumanity,Translated by Ruhollah Kurd Alvand, Rouheddin Kordalivand,Essayson Criminal Sciences, Undr theSupervisionf A,H, Nadgafi Abrandabadi, 1Edition, Tehran, Mizan publication
    • Fadathali, Mostafa, (2014), Fair proceedings of international criminal trials, third edition, Tehran, Shahr Danesh Publications. [In Persian]
    • Fazaeli, mostafa, (2015), Fuirtrial International Criminal Proceedings, 3 en edition, Tehran, shahr danesh publication.
    • Gassin-raymond (2006) Considération sur Le but de la procédure pénale. in mélange en l'honneur de JeanPradel, Ed culjas, septembre
    • Ghahramani Mojtaba, Sayebeni, Alrza, (2019), “Comparatives tudyot Specialised anti- Corruption Courtsin Iran Underlining the principle of the Cerainty of the emeuti onof the penalties, Journal of Criminal Law Researt, Volume7. Issue27
    • Ghanda Fateme, Akbarimãod, (2017), “Security-Orieted Crminal Policy”, Journal of Criminal Law Research, Volume5. Issuela18.
    • Ghapanchi- Hesan, Daneshnary, Hamidreza, (2023), “To wo Models of Crminal Process Criminal Control Process and due process". Journal Crminal Law. Doctrines, Volume 4, Issue 4.
    • Gholami Zarini, Mohsen, Gholami, Hossein, (2013), “Citizen Rights in Iran's Criminal Justice Process”, Danesh Zamizi Quarterly, Volume 13, Number 3. [In Persian]
    • Gholami, Hossein and Goldoust Joybari, Rajab and Bavi, Alireza, (2019), "Pathology of Iran's Criminal Policy in the Field of Economic Crimes", Private and Criminal Law Research Quarterly, Volume 16, Number 1. [In Persian]
    • Gholami, Hossen, Bavi, Alireza, Rajabgoldoust, (2020), “Fathology of Crimibal Policy of Iran in the Field of Crimes Eeconomic”, Journal Frivate and Criminal Law Research, Volume16, Lssue1.
    • Ghoreishizadeh, Mir Nasser, Jamshidi, Alireza, Rahmded, Mansour, (2017), “The Position of The Judgei in the Realization of the Principles of Fair Trial”, Journal 1401 Volume12, Lssue43.
    • Gramckow, H., and B. Walsh. (2013). Developing Specialised Court Services: International Experiences and Lessons Learned. Justice and Development Working Paper 81946. Washington, DC: World Bank Legal Vice Presidency-p6
    • Hashemi, Seyydtlassan, (2013), The Right to afair instates of Emergeneies (On Intemational Instruments): 1 nd edition, Tehran, Majud publication.
    • Hassani, Jafar, Mehra, Nasrin, (2013), “Critiques on the Concept of “Eecnomic Crimejs” in the lsamic Penal Code of Iran”, Journal Criminal Law and Crimino Logg Studies- Volume2, Lssue2-3.
    • Khaleghi, Ali, (2022), Criminal Procedure Code, first volume, forty-sixth edition, Tehran, Shahr Danesh Publications. [In Persian]
    • Khodaelan Chegeni, Zebihullah. (2012). “A, Comparaltive Consideration of The Crminal Justice Systems of France Iran in Confrontation With Economical crimes. Journal legal Studies”, Journal of Scolial Sciences and Humanities of shirazunvshiraz erity university, Volume 4, lssue.2
    • Khodaian Chekini, Zabihullah, (2012), "Comparative study of French and Iranian criminal justice system institutions in dealing with economic crimes", Journal of Legal Studies of Shiraz University, Volume 4, Number 2. [In Persian]
    • Kofele Kale, Ndiva (2012), Combating Economic Crirnes: Balancing Competing Riehts and Interests in Prosecuting the Crirne of Illicit Enrichment, First Published, London and New York: Routledge
    • Kohermani, Mojtabi, Saibani, Alireza, (2018), "Comparative study of Iran's special courts to fight against economic corruption with an emphasis on the principle of wisdom in the execution of punishments", Criminal Law Research Quarterly, Volume 7, Number 27. [In Persian]
    • Laky،Zeynab،(2019), Special judicial complex for economic crimes ،Encylopedia of Economik Siences ،Under the Supervision of A.H.Niazpour، Second 2 edition، Tehran،Mizan publication. . [In Persian]
    • Martinson, Robert,(1974) “What Works? Questions and answers about prison reform”. The Public Interest,
    • Mehra, Nasreen and Hosni, Jafar, (2014), "Criticism on the concept of economic crime in the Islamic Penal Code (approved 2014)," Scientific and Research Journal of Criminal Law and Criminology Studies, Volume 3, Number 3 and 2. [In Persian]
    • Mondani, Eslam Mohammad, Ashouri.(2010) “Security Policy Analysis in The Light of Human Rights”. Journals Ethcal Research,Volume 9.Lssue1
    • Mouzenzadegan, Hassan Ali and Bayat, Mohsen, (2019), "Violation of the defense rights of the accused in the absence of a research appeal from the judgments of the First Criminal Court", Scientific Quarterly of Judicial Law Perspectives, Volume 25, Number 89. [In Persian]
    • Jannett Makan, Hossein, (2016), fair and just trial rights with an emphasis on Iran's criminal procedure law, first edition, Tehran, Jangal Publishing. [In Persian]
    • Najafi Abrandabadi, Ali Hossein, (2012), about security studies (from the right to security to the right to security). Diabche Bar Rizvani, Soudabeh, Human-Oriented Crime Management, First Edition, Tehran, Mizan Publishing House. [In Persian]
    • Najafi Abrandabadi, Ali Hossein, (2019), an introduction to criminal policy written by Christian Largerge) 8th edition, Tehran, Mizan publishing house. [In Persian]
    • Najafi Abrandabadi, Alihossein, (2017), criminal policy against economic delinquency, a collection of articles on criminal policy against economic delinquency, by Amirhassan Niazpour, first edition, Tehran, Mizan publishing house. [In Persian]
    • Najafi, Aberand, abadi, Ali Hossen, (2018), The Criminal Policy in the Field of Economic Griminality Complet by Amir Hasan Niazpour, 1nd edition, Tehran, Mizan Publication.
    • Natshe Riz, Sohrab and Malmir, Mahmoud and Heydari, Masoud, (2021), "From globalization to the application of enemy-oriented criminal policy in dealing with economic crimes", Journal of Medical Law, Special Issue of Legal Innovations, Volume 15, Number 56. [In Persian]
    • Neshasteriz, Sohrab, Malmir, Mohmoudm, Heidri, Masod, (2021), “From “Globalization” to Application of “Enemy criminal Law” in Investing Economic Crims”. Journal Medical, Law, 2021, Legal Innovation, Volume15 Lssue 56.
    • Niazpour, Amir Hassan, (2022), principles of fair restorative proceedings, in dynamic criminal law (a collection of articles under the supervision of professor Dr. Mohammad Ali Ardabili) by Nasrin Mehra and Amir Hassan Niazpour, first edition, Tehran, Mizan Publishing House
    • Niazpour, Amirhasan, (2018), Economic Criminal Procedure Code, first edition, Tehran, Mizan publishing house. [In Persian]
    • Niuzpor, Amir, Hassan, (2019), The Economic Criminal procedure 1nd edition, Tehran, Mizan, publication.
    • Pakniat, Mostafa, (2017). Differentiation of Criminal Procedure, 1nd edition, Tehran Mizan Publiction
    • Qapanchi, Hossam and Danesh Nari, Hamidreza, (2017), "Dual models of the criminal process of crime control and fair trial", Razavi University of Islamic Sciences' Journal of Criminal Law Doctrines, new edition, number 4. [In Persian]
    • Qureshizadeh, Mir Nasser and Jamshidi, Alireza and Rahmadal, Mansour, (2018), "The position and position of the judge in realizing the principles of fair proceedings", Azad Legal Research Quarterly, Volume 12, Number 43. [In Persian]
    • Ranjbar, Hossein, (2022) The fundamental requirements of a fair trial in the stages of criminal procedure, in dynamic criminal law (a collection of articles under the supervision of Dr. Mohammad Ali Ardabili) by Nasrin Mehra and Amir Hassan Niazpour, first edition, Tehran, Mizan Publishing. [In Persian]
    • Rostami, Hadi, (2021). “The criminal policy of directives in the process of criminal proceedings”, Majles and Strategy Quarterly, Volume 28, Number 108. [In Persian]
    • Rostami, Hadi, (2022), Code of Criminal Procedure, second edition, Tehran, Nesharmizan. [In Persian]
    • Rostami,Hadi,(2021),Directive Criminal Policy in the Process of Criminal Proceedings, Journal of Maglis and Rahbord, Volume28, Lssue108
    • Rostami,Hadi,(2022),Criminal Procedure,21Edition, Tehran, Mizan publication.
    • Saris, Patti B. (2015) “The Economic Crime Guideline Amendments
    • Shamlou, Baqer, Moradi, Saeed, (2013), "Determining fair trial guarantees in the light of securitization in the crime of money laundering", Judiciary Law Journal, Volume 77, Number 81. [In Persian]
    • Shamlu, Bagher, Mordi, Majid, (2014). “Restrictions Against Fair Trial Cuaratees in The Light of Security- Oriented Approach to Money Laundering”Ze, Journal The Judiciarys, Law, Volume11. Lssue81.
    • Sharifi, Abdal He med, Sheidaeian, Mehdi, (2019), “Requirements for Equality of Arm s in the on duct of the Prosecutor and the Accused, Looking at Eecnomic Crimes”, Journal of Social Scieneces, Voleme11, Lssue36.
    • Sharifi, Abdulhamid and Shidaiyan, Mehdi, (2016), "Requirements of equality of arms in the behavior of the prosecutor and the accused, with a view to economic crimes", scientific and research quarterly of social sciences, special issue of crime prevention and law, volume 11, number 11. [In Persian]
    • Sjogren Hans & Goran. Skogh. (2004) "New Perspectives on Economic Crime", Edward Elgar Publishing Limited. U.K.
    • Taheri, Samane(2013),Punitive Penal Poliey, 1 Edition, Tehran, Mizan publication.
    • Tavajohi, Abdoulali, Dehgani, Ali. (2013). “The Conflict The between Security- Oriented and Fair Tral Rules”, Journal of criminal, Law Research, Volume1. Lssue3.
    • Tawhidkhane Mohammad Sadr, (2012), Laws in the circle of "enemy" from the American policy of "War on Terror" to the German theory of "Criminal Laws of Enemies" in the latest criminal sciences (collection of articles, under the supervision of Ali Hossein Najafi Abrandabadi, 2nd edition, Tehran, Mizan publication. [In Persian]
    • Tiedeman, Klaus, (1967) "Phenomenology of Economic crime" council of Europe Na, v and kukchigan, marina, economic crim in russa, Kluwer
    • Varvaei, Akbar, Mehdi, Hariri, (2016), Fair and Equitable Trial, 1nd edition, Tehran Aria dad publication
    • Varwai, Akbar and Hariri, Mahdi, (2016), fair and just proceedings, first edition, Tehran, Arbadad Publishing.
    • Watani, Amir, Nargesian, Amir, (2017). “The principle of investigation within a reasonable time in criminal proceedings”, Judicial Legal Perspectives Quarterly, Volume 24, Number 84.
    • Ranjbae,Hossein,(2022),The Funfamental Requirments of Fair trial in the Stages of Criminal Procedure,Penal Law in Movement,Essays inhonor of Professor M,A.Ardebili,Under thrauspices ofN,Mehra, A,H,Niazpour, 1Edition, Tehran, Mizan publication.
    • Aghaei Janatmakan,Hossein,(2018),Fair Trial in Iranian Criminal Procedure,1 edition Tehran,Jangal publication.
    • Ashuri, Mohammad and Mandani, Ahmed, (2017), "Analysis of security-oriented criminal policy in the light of moral principles and standards of human rights", Ethical Research Quarterly, Volume 9, Number, 1._ [In Persian]
    • Dabirzade, H Elahe (2018), Modelling in CriminaL Procedures Based on Power and Freedom,1 nd edition, Tehran, Majud publication.
    • Gholami Razini- Gholami Hossein.(2001).”Citizenship Rights in the Peocess of Iran Criminal Justicr”. Journal of Daneah-E-Entezami. Volume13. Lssue3.                                                      
    • Meysamy.Farhud.Taheri Nesab.(2022), “Conceptualization of economic crimes and strategies to deal with them in the criminal policy of Iran and France”. International Legal Research,Volume 15, Issue57.
    • Khaleghi, Ali (2021). “Criminal Procedure”. V, I. Thirty Second edition, Tehran, Shahrdanesh publication.
    • Khaleghi, Ali (2021). “Criminal Procedure”. Vol, II. Thirty Second edition, Tehran, Shahrdanesh publication.
    • Meysam Imani1 , Naghmeh Farhoud , Seyyed Yazdullah Taheri Nasab, (2022),” Conceptology of economic crimes and strategies to deal with them in the penal policy of Iran and France”, International Legal Research Quarterly, Volume 15, Number 57. [In Persian]
    • Mohmmd Sadr,Touhidkhaneh, (2009),Laws in the Enemy Torus from the American Policy of the War on Terror to the German Throry  of the Criminal Law of Enemies, Essayson Criminal Sciences, Undr theSupervisionf A,H, Nadgafi Abrandabadi, 1Edition, Tehran, Mizan publication.
    • Nadgafi Abrandabadi, Ali-Hossein,(2012), About Security Studies(from the Right to Security to the Right to Protect), Soodabeh Rezvani,Human-Oriented Crime Risk Management. 1Edition, Tehran, Mizan publication.
    • Niazpour,AmirHasssn,(2022),Principles of Fair Restorative Proceedings,Penal Law in Movement,Essaysinhonor of Professor M,A. Ardebili, Under thrauspices of N,Mehra, A,H,Niazpour, 1Edition, Tehran, Mizan publication
    • Tadayyon,Abbas Bagherinegad,Zeinab,(2012),”Guarantee of Fair Trial in the Light of the Principle of Legitimacy of Obtaining Criminal Evidence”. Journal of LegalResearch Quarterhy,Volume14,lssue53.               
    • Tadin, Abbas, Bagherinejad, Zainab, (2018), “Guaranteeing a fair trial in the light of the principle of legitimacy of criminal evidence acquisition”, Legal Research Quarterly, Volume 14, Number 53. [In Persian]
    • Tahri, Samaneh, (2012), strict criminal policy, first edition, Tehran, Mizan Publishing. [In Persian]
    • Vatani,Amir, Nargsian, Mohamammad,(2019),”The place of the Principle of Proceedings Within a Reasnable time in the Criminal Proceedings”,The Quarterly Journal of Judicial Law Views,Volume23, Issue84.

     

    پ. پایگاه اینترنتی   

    • https://eghtesadi.eadl
Journal of Criminal Law Research
Volume 12, Issue 44
Spring 2023
Pages 53-88

Home

Guide for Authors

Submit Manuscript

Contact Us