Investigating the nature of the crime of disrupting the country's economic system (hadd or ta'zir)

The crime of disrupting the country's economic system is a collection of 30 criminal cases mentioned in the law punishing disruptors of the country's economic system. One of the important issues in the field of the nature of crimes, which has different effects and consequences, is the study of the extent or punishment of a crime. In the nature of the crime in question, two possibilities are conceivable; The first possibility is that this crime has a dual nature and in some cases it is a punishment and in others it is a punishment. The opinion of the legislator of the Islamic Republic of Iran, considering that the death penalty is not mentioned in Article 19 of the Islamic Penal Code, is that this crime is a limit crime if it is considered corruption on earth. The second possibility is that this crime is a ta'zir crime in any case, even if it is punishable by death for corruption on earth, for violating the rules of government approved by the Islamic regime. Which of these two possibilities is closer to the truth in terms of jurisprudential and legal evidence and principles? The present study will try to prove with a descriptive-analytical method that according to the authorities provided in the Shari'a for the Islamic government, these crimes can be considered as absolute ta'zir; Because the Islamic government can criminalize some crimes and consider various punishments for them, including the death penalty.