Document Type : Research Paper
Authors
1 assistant professor department of criminal law and criminology/ faculty of humanities/ north Tehran branch/ Islamic Azad University/ Tehran/ Iran
2 Assistant Professor/ Department of Islamic Jurisprudence and Law/ Faculty of Literature and Humanities/ Urmia University/ Urmia/ Iran
Abstract
Economic crime, due to its complex nature and susceptibility to numerous political, Iran's legislative and judicial criminal policy in fighting economic crimes faces ambiguity, challenges, and inefficiencies in various aspects, including the definition, scope, and legal instances of economic crime, establishing the conditions for its realization, the possibility of issuing provisional orders, the jurisdiction of authorities, and statutes of limitations.
This fundamental-applied research was conducted with a descriptive-analytical approach and a library research method. Data were collected through note-taking from primary sources (laws and judicial opinions) and secondary sources (books and reputable articles) and were subsequently subjected to qualitative analysis.
The findings of the present study indicate that the legislator must, while revising and clarifying the concept, instances, and scope of economic crime in the Islamic Penal Code—as the cornerstone of legislative criminal policy—specify the criteria for identifying an economic crime and resolve legal ambiguities that have led to inconsistencies in judicial procedure. Therefore, with the aim of enhancing the efficacy of legislative and judicial criminal policy, suggestions are provided for amending articles of the Islamic Penal Code and consolidating other scattered laws in areas where the current law has gaps or flaws.
Keywords
- Economic crime
- Legislative criminal policy
- judicial criminal policy
- the challenge of criminal policy
- Pathology of criminal policy
Main Subjects
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