چکیده:
Although economic crimes have not been defined exactly, what have been studied by the legal theorist are their criminal features and criteria for recognition. The multiplicity of subject, the low-visibility crimes, strength and flexibility are the most important feature of economic crimes, and these features result in differences between economic and financial crimes. In addition to have special features, stock crimes have characteristics and features of economic crimes. Stock crimes inevitably lead to economic security disorder, public confidence disturbing and also infringement in the information transparency.These characteristics give rise to the lack of investors' motivations and properties go to unsafe markets, so stock crimes have negative impacts on the macroeconomic. Therefore we can name this kind of crimes as one of the most kind of economic crimes. Acting in differential penal policy in the area of stock crimes is the most important result of treating stock crimes as economic crimes. This article (with library studding) sets out to prove that stock crimes are the kind of economic crimes and we need to acting differential penal policy in the area of stock crimes.
خلاصه ماشینی:
Confronting the economic security of the capital market, undermining public trust in this market, and opposing information transparency are exclusive characteristics of stock market crimes, which on a macro level leads to investors' lack of interest in this market and the diversion of capital toward false and destructive markets.
In this article, using a library-based method, while considering stock market crimes as a category of economic crimes, it points to the necessity of adopting a differential criminal policy in dealing with these crimes, similar to the approach taken with other economic crimes.
From one perspective, the criminalization and punishment of these crimes, and from another, the specialized method of prosecution and handling of this category of crimes can be among the fruits of a differential criminal policy 3 In this article, the title of economic crimes has not been explicitly used, but with regard to Articles 109 and 47 of the Islamic Penal Code, the crimes mentioned in the note to Article 36 can be considered economic crimes.
An important question raised in this section is whether, given that the Islamic Penal Code (passed in 2013) was enacted after the Securities Market Law and the subsequent general law has not mentioned the previous special law, does this mean that stock market crimes are not included in the category of economic crimes?
Given the specific characteristics of economic crimes and their perpetrators, as well as the necessity of protecting the economic security of society and public trust in the government, considering a differential criminal policy in dealing with this category of crimes is necessary and essential.
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