جستجوی مقالات مرتبط با کلیدواژه « economic crimes » در نشریات گروه « فقه و حقوق »

Among the preventive measures regarding economic crimes that have been promoted these days is the formation of comprehensive financial information units and the control of citizens' bank accounts. These measures are non-criminal and technical-specialized in nature. Wide access to information and data related to the activities the above preventive measures, undeniably creates the grounds for abuse and degradation of information privacy of citizens. The purpose of this article is to investigate the degradation of information privacy in the state prevention of economic crimes in the light of legal patriarchy. This article is descriptive and analytical. Materials and data are also showed that there was no decisive reason to negate the implementation of the theory of legal patriarchy, but if the preventive measures of the mentioned situation are matched with the technical-expert aspects and not the taste, the possibility of the deterioration of the information privacy of the citizens will be significantly reduced. The theory of legal patriarchy gives governments the authority to intervene in their actions and lives for the benefit of the citizens like a caring father if it recognizes the current act or omission in line with their benefit and expediency. If the proposed principles of protection of citizens' privacy in cyberspace, which are established by the Organization for Economic Cooperation and Development, are implemented in this direction, both good and public interest (economic security) will be achieved, and the information privacy of citizens will not be degraded.

Facing the criminal phenomenon and controlling its rate requires the participation of society. Therefore, crime prevention that just applied from official institution alone cannot have an acceptable effect. The power of the community in the prevention of crimes has been taken into consideration by the countries in parallel with the government powers. This concept will have a most impact in relation to the preventive measures of monitoring especially about prevention of economic crimes. Because supervision in this area requires the presence of the supervisor in the ground of economic activities, and this will be too difficult without the participation of the community. The possibility of society's involvement in the prevention of economic crime through surveillance is highly dependent on the type of criminal policy approach to this issue. The fundamental issue of this research is to examine theoretical and practical bases for applying community supervision in order to prevent economic crimes in Iran's criminal policy. This research is based on available data and using method This letter, using the descriptive method has found that preventive surveillance based on Iran's criminal policy model is a government-owned tool, and this is one of the most important factors in the ineffectiveness of preventive surveillance measures against economic crimes in Iran.  Therefore, the clear proposal of this research is a fundamental change in the approach of criminal policy to the supervisory capacities of society.

Economic corruption is a multi-faceted and complex matter and one of the issues affecting the current society of Iran, which has many destructive economic and social effects. Therefore, in the current era, the prevention of economic corruption is essential. Despite the existence of various laws and numerous efforts, fighting against corruption has not been effective in the Islamic Republic of Iran. The prevention of corruption in the sense of the action strategies of Iran's criminal policy is based on a series of existing laws and regulations with the aim of normalization and systematization which have been ineffective. The prevention of economic corruption has been considered in many laws such as Administrative Health System Improvement Law. despite the existence of important principles and a strategic model for the prevention of corruption in some laws, some damages have hindered the effectiveness of existing laws such as the plurality of legislative authorities, the multiplicity of people in charge of prevention, as well as the confusion, ambiguity, and inefficiency of these laws.
In this paper, based on the descriptive-analytical method and relying on library sources, the aspects of the mentioned issue were investigated to evaluate the laws related to the prevention of corruption, and the damages were identified to prove the hypothesis of the lack of objective achievement of criminal and non-criminal prevention of economic crimes in recent years. At last, it presents some suggestions on how to amend laws to effectively prevent economic corruption.

Criminal 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
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Given the economic developments, we have been witness to the adoption of penal policies to fight against economic crimes. To this end, the heads of Judiciary have compiled the Codes that have been on Correct and Sometimes Wrong path to fight against economic Crimes.The aim of Present Study is to analyze the role of codes issued by heads of Judiciary to fight against economic crimes.

The research method is descriptive and analytical. For data Collection, Visiting the library and using books and articles have been considered.

Ethical Considerations:

 Honesty and trustworthiness have been observed in all stages of writing. this essay while respecting the principle of texts originality.

The findings indicate that the regulations issued have a tendency to punish, which indicates that the criminals are repressive, discriminatory and the formation of special economic courts.

The execution of these circulars has lead to both positive and negative consequences. This indicates that the decisions by made by heads of Judiciary are different. In recent years, The Special Prosecutors' Office for Economic Crimes have been organized which Show that The Judiciary is on the path to fight against these crimes.

The increase of economic crimes and different ways of purifying illegal incomes from these crimes, and more importantly, the discussion of women in this category should be of special importance due to the role and sensitive position of women in the family and society. On the other hand, increasing liquidity and nepotism are factors that have a major and significant impact on the occurrence and spread of economic crimes.

This research is applied in terms of its purpose and descriptive-analytical in terms of its implementation. To collect data, library and internet resources and Delphi method were used, the tools used in this method are fashion writing and interview with experts.

Women play the role of assistants in committing economic crimes and are less likely to be the main perpetrators themselves. Where a woman herself is an economic criminal, she has certainly used the support of an influential power and family relationship to carry out the process of economic crime.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Absence and neglect of women as perpetrators of economic crimes is one of the characteristics of Iran's legal system; as a result, more care should be taken in dealing with women's economic crimes and that by describing the existing reactions and measures regarding the situation of women's crimes in the society and the lack of attention to the solutions provided and the society's exposure to special conditions, the increase Liquidity and nepotism, it is predicted that the economic crimes of women in Iran will increase in the next decade in various guises.

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.

Intervention in the foreign exchange market, like any other economic issue, has always been a question whether the government has the right or can intervene in this field, and basically how can the criminal intervention of the legislator in currency smuggling be analyzed based on the principle of harm? The current article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings indicate that the current criminal law has criminalized currency smuggling with the broad definition of it in the law and beyond an economic issue, it has also looked at it from a political and security point of view to the extent that such a crime is It has considered a condition of disruption in the economic system and has predicted the punishment of muharibeh for its perpetrators. Current criminal interventions in this field are only based on the principle of harm to prevent harm to others, both society and individuals, subject to conditions and justified in some cases. Because, from the point of view of Iran's policymakers and legislators, currency smuggling in the conditions of economic instability implies damage to the economy and individuals. From a critical point of view, this type of interventions, by ignoring the state's crime aspect which is derived from unjustified policies, programs and laws, focused only on the criminalization of individuals' behavior and the role of policies and decision-making institutions was ignored.

The term "Public service officers" is mentioned in several examples of economic crimes in criminal laws, but its meaning and examples have been ambiguous due to the repeal of the law on the trial and punishment of public service officers. Although according to the unanimous decision number 798 of the General Board of the Supreme Court, the employees of private banks are examples of public service officers and the subject of the crime of Article 598 of the Penal Code, the said decision cannot explain the concept and examples of public service officers and its effects have added to the ambiguity of the issue. To respond to the evolution of the concept and examples of public service officers, this article along with the pathology of judgmental procedure, the transformation of the scope and examples of public service officers after the issuance of the unanimous decision, and finally the solution to the legal refinement of this ambiguity, through approval The new single article is proposed, to solve the mentioned challenge.

Economic crimes are one of the important issues of today's Iranian society, which have many destructive economic and social effects. In this article, an attempt has been made to investigate the legal jurisprudence of Corrupt on Earth and its examples in economic crimes.

This paper is descriptive and analytical and library method is used.Ethical Considerations: In this paper, the originality of the texts, honesty and trustworthiness are observed.

The findings showed that Corrupt on Earth is a crime independent of mahariyyah from a jurisprudential and legal point of view, which can have different examples. The most important characteristic of Corrupt on Earth  is the creation of widespread corruption and severe disruption of public order, which is simply not possible to determine examples in the field of economic crimes. The most important law of the country regarding economic crimes, that is, the law on punishing those who disrupt the economic system, lacks the necessary transparency.

The presence of vague concepts such as major and macro disturbance without the criteria and extent being clear causes different interpretations and possibly issuing conflicting opinions. It is necessary to clearly define what the legislator means by major and large-scale disturbance and to determine how much is considered major and large-scale in the law of combating economic disruptors, so that it can be considered as corruption in economic crimes.

Regarding the handling of economic crimes, special courts to deal with the crimes of those who disrupt the country's economic system were established in a number of provinces in 2017. The rules of proceedings foreseen for these courts are in many cases contrary to the principles and bases of the usual proceedings in the handling of other crimes. It seems that one of the justifications for forming such courts is the character of economic criminals, which challenges the handling of macro-economic cases in normal courts. In this article, the authors examined the attitude of three groups of society's elite regarding the influence of the personality of white-collar criminals in predicting differential proceedings in these courts. 158 law professors, 312 lawyers and 421 judges were selected as a statistical sample using a judgmental method. The questionnaire of this research was designed as a researcher with closed-ended questions inspired by the 5-point Likert scale, and the data was analyzed and tested using SPSS version 22 software (Kruskal-Wallis). The result of the research showed that among the statistical groups, judges were more than other elite groups, they believed in the influence of the personality of economic criminals in predicting the differential trial of economic crimes.

Background 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?”

This study is descriptive-analytical and has investigated and analyzed the above-mentioned questions using the library and note-taking methods.

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.

Economic crimes have always been discussed due to their important economic and social effects. This article tries to study economic crimes in jurisprudence, Iranian law and European documents.

This is a descriptive-analytical article using the library method to examine the question in question.

Ethical considerations: 

In this article, the originality of the texts, honesty and trustworthiness have been observed.

The jurisprudential approach to economic crimes can be explained on the basis of “Eating worthless money” and “Eating unlawful things”. Eating worthless money includes any encroachment on the rights and property of others and any unlawful seizure of one's own property, such as usury and bribery. According to “Eating unlawful things”, whatever one acquires by false and illegitimate methods is slander. In Iranian law, although the legislature has included cases under the heading of economic crimes. European documents also focus on organized economic crimes such as money laundering and trafficking in general.

The cases of economic crimes in jurisprudence, Iranian law and European documents are not the same, but in jurisprudence, laws and European documents, illegitimacy and prevention of disturbing the economic order and balance is the most important basis for criminalizing economic crimes.

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.

This article is descriptive-analytical and has investigated and analyzed the above-mentioned question using the library and survey method.Findings and

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.

The 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,

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. endangers

The present research was carried out using a descriptive and analytical method.

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.

Investigation of economic crimes is highly important in various aspects, including the effect on public order. In this paper, an attempt is made to investigate this important issue from a jurisprudential approach.

This paper is descriptive-analytical and the library method is used.

Ethical considerations:

 In this paper, the originality of the texts, honesty and trustworthiness have been observed.

Public order is of great importance in jurisprudential sources. Accordingly, economic activities that disrupt public order are considered a crime. Hoarding, the crime of disturbing the economic order, Embezzlement and bribery are among the crimes that have a negative effect on public order and therefore lead to punishments such as fines, imprisonment, and even execution.

Due to the importance of public order in jurisprudence, economic activities disrupting public order have been criminalized, however, criminal policy in this regard is faced with shortcomings and criticisms. Lack of guarantees of effective implementation, uncertainty of punishments, security approach to punishments, and lack of attention to correction and re-socialization of offenders are the most important criticisms of criminal policy regarding economic crimes that disrupt public order. Accordingly, it is necessary for the legislative to pay attention to eliminating the mentioned shortcomings.

The challenge of economic crimes is important today in several ways, on the one hand, the role of the economy in shaping criminal law, the role of criminal law in supporting the economy and economic activities, the role of government policy in creating or preventing economic crimes and in a broader view Economic corruption and the role of culture (customs, values, religion and ideology) governing the economic system. It is a multi-axis issue that introduces the systemic approach of institutionalists in the analysis of economic variables. A Heterodox approach with dissident teachings to define a development model that makes the prevention of disruptive economic behaviors (economic crimes) possible only by identifying the fundamental institutions of the economic system (including economics, law, politics, culture) in any modern society. Inductive and Systematic study method that with a pragmatic approach to economic facts instead of deductive, abstract and subjective studies, explains economic crimes in accordance with the economic and legal realities of society, which is a suitable version for comprehensive, rapid and consistent criminalization.With economic developments and in accordance with specific institutions, the economic system governs the social system.

rate; The application of preventive policies in the serious fight against such crimes is of particular importance and necessity;Undoubtedly, one of the most important and best ways to fight against financial deviations and economic crimes at various levels is to adopt measures and policies to prevent the occurrence of such crimes and corruption; In other words, preventing the occurrence of deviations and committing economic crimes takes precedence over fighting the perpetrators. The need to implement Islamic economic policies and recognize its principles based on the Holy Qur'an Yesterday, today and tomorrow of a society, in the field of macro crime prevention policies, under the title of grounding, atmosphere and Quranic culture, are other basic findings in order to prevent economic crimes in the present study;Finally, by expressing a conceptual perspective and reasoning on the two issues of faith and piety, some of the mechanisms of situational prevention of economic crimes are examined.The research method of the present study is applied in terms of objectives and in terms of the nature of descriptive-analytical study using the documentary method

The economy in the lives of the people of society plays an alternative role and cannot be ignored because of direct contact with the lives of the people, and cannot be ignored in any way, but also affected the religion and the resurrection of man. the aim of this study is to explain the criminal policy of iran in the face of economic crimes from the perspective.

The present paper is descriptive - analytical and the research tool is one of the library sources.

" The establishment and maintenance of economic order in the fight against sabotage in the economic system and economic offenders is economic. the fight against economic crimes also causes economic order and prevents harmful effects of disturbance in the countrys economy.

From the beginning to the end of the article, the principles of integrity and fiduciary duties have been established.

The criminal policy of Iran faces many challenges in the face of economic crimes. the most basic of these challenges and uncertainty can be pointed to the lack of comprehensive explanation of the concept and purpose of economic crimes, the extent of the cases, the way of adopting criminal policy and the degree of its suitability and effectiveness