جستجوی مقالات مرتبط با کلیدواژه « مداخله کیفری » در نشریات گروه « اقتصاد »

Buy and sell of foreign currency is one of the banking operations and the Central Bank is responsible for formulating and setting its regulations, as well as monitoring their implementation. The essential criminal laws supporting exchange policies are; the Monetary and Banking law of the country approved 09/07/1972, the punishment of the disarrangers of country’s economic system approved 10/12/1990, the regulation law of the non-monetary market approved 11/1/2005, as well as the anti-smuggling of goods and currency, approved 24/12/2013. In this study, we investigate these rules and answer the question by the descriptive and analytical method that whether the criminal legislator’s intervention in the protection of the government communication’s policies in buy and sell of foreign currency is based on the principles including clarity and transparency, or not. We have concluded that the non-observance of some tenets of criminalization as well as the lack of attention to other laws which are approved in this area, causes ambiguity and the conflict between laws as well as controversy in the judiciary precedent. This matter eventually leads to the failure of adopting a single and coherent criminal policy which has been used to confront this illegal behavior.

In protecting important values of the society, legislators consider penal intervention and criminalization of behaviors that are in violation of that values. Urban environment is one of these values which is protected by the Iranian legislator’s penal law. In Iran's penal legislation policy, criminal protection of the urban environment has been considered in the form of criminalization of malicious behaviors against the trees, waste, air, water and soil besides noise pollution, and also anything known as a threat to public health. But when it comes to policy efficiency and effectiveness in Iranian penal system regarding urban environment, important challenges like dispersion and incoherence in penal regulations and the lack of alignment between them, appear. So, the present paper is trying to evaluate the legislator’s approach and challenges by analyzing documentary resources using analytic-descriptive research method.

A prerequisite for a healthy, stable and growing economy is transparency and discipline in economic activities and exchanges. Activity of unauthorized and unsupervised financial institutions is contrary to the transparency and monetary discipline and may have results, such as money market crisis, increase liquidity and inflation, bank failures, hazarding of deposits security, low productivity of deposits and ultimately disrupt of the economic system. Continuance of illegal banking operations after the Islamic Revolution in Iran under various criminal acts has been considered by legislators and he with the use of multiple crime and criminal intervention intends to support through monetary and banking system. In this article we seek to consider extent of efficiency of the Iranian legislative and judicial penal policy to deal with the crime of persistence of illegal banking operations. considering of regulation of unorganised Monetary market Act and Article 96 of the Fifth Development Plan Act and referring to the proceedings of the Legislative assembly in the Scope of unauthorized banking operations specified temporary criminalizations, making forgivable these offences, lack of punishment for legal persons, inefficiencies and lack of deterrent punishments for these offences, all are the most important legislator ‘s defects that have been analyzed in this paper with critical approach. Some suggestions have been provided to reform the existing laws, in the end.