Abstract:
TThe criminal policies of any nation are expected to maintain social order and control criminal phenomena through criminal justice or other non-judicial means. In Iran, the core of the criminal policy to fight economic corruption is criminal laws and regulation. It is expected that these laws scare, punish, and disable outlaws. The key to the success of these laws relies heavily on appropriate consideration of economic crimes and allocating the just punishment for them. This is especially important now that there have been changes to the fifth article of the penal codes. Considering this issue, the current study is a descriptive-analytic one. In the review of the literature, an account on the institutions – save for the Majlis- that have an effect on the process to establish judicial laws –and especially those related to economic corruptionhas been provided. The results of this study indicate that the multiplicity of the authorities to pass laws on economic crimes has led to the inexistence of definite yardsticks as well as criteria in defining and weighing economic crimes within the laws. The multiplicity of instances and allocated crime titles as well as the tolerance on the part of the law-maker authorities has left our society without any appropriate tool to face economic criminals. This necessitates a review and revision of the process of passing laws and regulations to fight economic crimes.
Machine summary:
The second category consists of criminal laws that have been approved directly in the Council (more than 20 titles) without any prior legislative precedent in the Assembly (Habibzadeh, 2004: 150), and it can be boldly said that most criminal laws passed after the revolution to combat instances of economic crimes are resolutions of the Expediency Discernment Council; such as: the Law on the Method of Applying Governmental Ta'zirat regarding Smuggling of Goods and Currency (1995/5/2); the Law on Increasing the Punishment for Counterfeiters of Banknotes and Importers, Distributors, and Consumers of Counterfeit Banknotes (1989/4/18) (Noorzad, 2010: 1389); the Law on Delegating the Discretion in Matters of Governmental Ta'zirat to the Expediency Discernment Council (1988/9/11); the Law Amending the Ta'zirat Law (1994/10/10); the Law on the Interpretation of the Application of Governmental Ta'zirat regarding Smuggling of Goods and Currency (1996), etc...
Underneath, numerous titles of various crimes are counted as instances of economic crimes: 1- Fraud, 2- Bribery and corruption, 3- Embezzlement, 4- Abuse of influence contrary to rights and legal regulations in case of acquisition of property by the criminal or another, 5- Interference of ministers, members of parliament, and government employees in state and national transactions, 6- Collusion in foreign transactions, 7- Receiving commission in foreign transactions, 8- Violations by state officials against the state, 9- Customs crimes, 10- Financial crimes, 11- Money laundering, 12- Disruption of the country's economic system, 12- Illegal possession of public or state property.
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