جستجوی مقالات مرتبط با کلیدواژه "سازمان یافته" در نشریات گروه "فقه و حقوق"

In criminal law of our country, the legislature has always considered in general laws and sometimes in some special laws, the necessity of severe criminal treatment of the elements of criminal groups including the organized and the unorganized ones. In this regard, Article 130 of the Islamic Penal Code (IPC), approved in 1392, intensified the punishment of the leader of organized criminal groups. Considering the legislative background of this article as well as the accuracy in special laws regarding the criminalization of the actions of the leaders of criminal groups, it seems that the legislature has sought to establish a unified legislative procedure concerning the punishment of the leaders of the organized criminal groups. However, reflection on specific laws in this area shows that the legislature has unreasonably neglected to impose penalties on the members of the organized criminal groups, as well as the leaders and members of the unorganized criminal groups. This is while creating unity of procedure in legislation should have required that the legislature in IPC adopted in 1392, in addition to determining the punishment for the leader of the organized criminal groups, should have determined the punishment for these individuals. The current study by exploring the legislative records of Article 130 of IPC adopted in 1392 and the special laws in the field of sentencing for the leaders and members of the organized and unorganized criminal groups, and by proving the need for unity of legislative procedure in this area, presents a proposal to determine separate punishments for each of the leaders and members of the organized and unorganized criminal groups.

In the process of money laundering, the perpetrators of the crimes converted money generated from their illegal acts to legitimate fortune by committing acts of deception and this matter causes major economic losses in any given country. In fact, the rules of money laundering are combined with other financial and business criminal methods.  Therefore, countries have set up laws to combat this type of criminal activity in order to maintain and support their economic system, and this has led to the formation of a group called “Financial Action Task Force” (FATF) within the international sphere. In Iran, the anti-money laundering law was enacted in 2007, but due to lack of expertise in drafting its provisions, it cannot be implemented effectively.  The question that arises is that what are the disadvantages of the anti-money laundering law? According to the library research, it seems that the lack of consistency of the anti-money laundering law, the lack of attention to the "transnational" character and the "organized" nature of this crime, the transfer of supervision over the fight against money laundering to a non-judicial body, conflict with other "civil and criminal laws", the inappropriateness of the "money laundering with a prescribed penalty" and the lack of prediction of suitable strategies for cooperation with other countries in the "jurisdiction and international bodies", may be considered as the defects of this law. Of course, it is hoped that the challenges of this law will be resolved with the help of professors and experts, and also by reviewing the laws of other countries in the area of combating money laundering. In the end, the author, looking at the "Law on money laundering and the proceeds generated from crimes” of Afghanistan as adopted in 2014, has provided effective solutions to the amendment of the provisions of the anti-money laundering law.