جستجوی مقالات مرتبط با کلیدواژه « foreign currency » در نشریات گروه « فقه و حقوق »

One of the examples of foreign exchange transactions common in the recent years in Iran is the future exchange transactions. Theses transactions basically are done in economic systems with high fluctuations of foreign exchange rate in their markets. The main base of profits from the mentioned transactions is these fluctuations. These transactions in systems under international sanctions may have direct effects on the market fluctuations. For the same reason, the government should regulate the mentioned transactions and how they are performed. In Iran, too, some sporadic regulations have been approved by some special institutions such as the central bank and its jurisprudential council and the high council of economic coordination to forbid future foreign exchange transactions. The mentioned transactions to be considered by two aspects: first, their legal credit; and, second, judicial courts’ approach to them. Using descriptive-analytical methods and library tools to gather data, the present research shows that future foreign exchange transactions from the jurisprudential standpoint face with challenges including prohibition of uncertainty and usurious transactions. In the judicial procedure, the mentioned transactions have attracted attentions as the tools for general criminal activities such as acquisition of illegitimate properties and causing disorder in the economic system.

The importance of investigating foreign exchange crimes and adverse effects caused by the spread of such crimes and its relationship with the consolidation of the economic pillars of the ruling political regimes has led the legislature to resort to special measures based on punishments and criminal offenses against the norms of this Therefore, although analysis of the country’s criminal policy implies an explanation of the way the criminal offense is compared with currency offenses in various scientific texts, it has been investigated, but the review of these policies in terms of compliance with existing theories and criteria in the field of criminology and providing a scientific and practical solution.

The present study is based on a library method and based on the study of studies conducted in related areas, using existing experiences in the legal field of the banking system and reviewing various files in the banking system’s legal departments. Using analytical and descriptive methods, references to books, resources, and articles were attempted to be viewed from other perspectives on currency crimes; also, in view of the special role of the central bank’s legal department in applying the judicial strategy in dealing with foreign currency crimes, reviewing the way of performance. This reference was criticized in terms of adaptation to the criteria and criteria for supervising criminal law and criminological theories.

Findings and conclusion:

In this research, while briefly explaining the way in which criminal offenses are compared to these crimes, legal and judicial policies were examined in terms of adaptation to the emerging jurisprudence in the field of criminology, and finally criticized existing approaches, including McDonald’s approach to dealing with these crimes, appropriate strategies have been proposed to manage the risk of foreign currency crimes, such as the use of circumvention methods, the use of the achievements of the restorative justice system and the like.