Differential components of economic crimes in opposition to financial crimes مقاله

خلاصه ماشینی:

Also, from the perspective of the legal element of economic crimes, one can reflect on the professional and technical nature of economic crimes as another distinguishing aspect, which has mainly caused the authority for enacting economic crimes to not be solely the law in its narrowest sense has not been, and quasi-legislative institutions have also undertaken to enact these crimes, thus witnessing a kind of dispersion and lack of cohesion in scattered legal texts, which presents difficulties for followers of criminal law. Accordingly, by examining the aforementioned elements, the author has endeavored to provide, as far as possible, a transparent and acceptable boundary line for the distinction between economic crimes and financial crimes, so that through this, criminal law adopts a specific criminal policy in a manner worthy of dealing with economic crimes, protecting the economic system, and preventing the occurrence of economic corruption. Achieving such an overlap requires providing a narrow and, at the same time, explicit and transparent definition in light of the principle of legality in criminal law; in economic crimes, the subject of the crime moves outside the scope of individual financial rights and is placed within the realm of economic order at a macro level. Of course, it should not be overlooked that although physical material behavior in economic crimes can include omission and from this perspective causes the abuse by perpetrators of economic crimes under the guise of economic activities based on omission, however, the acceptance of the possibility of realizing economic crimes through omission should not mean a violation of the general principles governing criminal law in the realm of the material element of crime.