The Analysis of the Crime of Intervention in Economic System of the Country through Accepting Deposit of Persons in Iran Code

The criminal code of disrupters in the economic system of the country to confront economic offenders is codified in 1369 by the Islamic Consultative Assembly (Majles-e Shura-ye Eslami). Clause “h” of Article1 of this law has criminalized accepting deposit of persons leading to waste of people’s property or Intervention in Economic System. The conditions for occurring this crime, the conditions for inclusion of the title of disturbing peace and order in the land (fassad fil-arz) for the conducts of perpetrators and numerous abstract of the mentioned title with the offensive titles such as fraud and illegal bank activities has doubts which it requires a critical and comprehensive analysis. This note is going to answer this principal question if it can be adduced before court while it contains the offensive titles such as the intervention in the economic system of the country through Accepting Deposit of Persons. The analysis of the rules and the detailed discussions in the Islamic Consultative Assembly (Majles-e Shura-ye Eslami) and studying Precedent (judicial precedent) make obvious that such available doubts in the definition of some keywords in the criminal code of disrupters in the economic system of the country and being difficult to find the factors which have comprised the mentioned crime by judicial authority, the offensive title included in Clause “h” of Article 1 of the mentioned rule with having the offensive titles in aggravating the punishment of perpetrators of bribery, defalcation and fraud (codified 1367) and also Article 286 of the criminal penal code (codified 1392) cannot be adduced in judiciary. Therefore it is suggested the decriminalization of it.