Iran's Criminal Policy Towards Corruption on Earth in Economic Crimes
With the growth and rising statistics of economic and financial corruption within the banking and administrative-governmental systems over the past decade, addressing these types of economic crimes has gained significant attention in criminal policy. Given this importance, the primary issue explored...
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Semnan University
2024-08-01
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| Series: | مطالعات فقه و حقوق اسلامی |
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| Online Access: | https://feqh.semnan.ac.ir/article_9158_cfa91a2ca604c90c1398156a469d53fe.pdf |
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| author | Jamaladini Fatemeh Mohammadmehdi Saghiyan Ahmad Ghasemi |
| author_facet | Jamaladini Fatemeh Mohammadmehdi Saghiyan Ahmad Ghasemi |
| author_sort | Jamaladini Fatemeh |
| collection | DOAJ |
| description | With the growth and rising statistics of economic and financial corruption within the banking and administrative-governmental systems over the past decade, addressing these types of economic crimes has gained significant attention in criminal policy. Given this importance, the primary issue explored in this research is the broad concept of economic crimes, accompanied by various manifestations observed in society, such as embezzlement by government employees, bribery, corruption, smuggling of goods and currency, money laundering, hoarding, disruption of monetary and currency systems, and other instances. These crimes are characterized by their public, widespread, and organized nature, evoking the concept of corruption on earth (ifsad fil-ard) as defined in the Islamic Penal Code and Shi’a jurisprudence. The central question of this research examines the comprehensive authoritarian criminal policy adopted in legislative, judicial, and executive contexts, as well as the procedural framework governing judicial practices related to economic crimes. Accordingly, the study investigates the extent to which laws and regulations, on the one hand, and preventive or punitive measures implemented by the judiciary, along with managerial and executive actions taken by the government, on the other hand, have successfully eliminated the foundations of economic crimes in society. Furthermore, it examines the legal challenges encountered in this process and assesses whether categorizing certain economic crimes under the concept of corruption on earth possesses sufficient legal grounds and deterrent effects. The research findings, based on a descriptive-analytical method, indicate that proponents of applying the concept of corruption on earth to economic crimes justify this categorization through a comprehensive authoritarian model and emphasize its advantages. In contrast, opponents, whose arguments seem more robust, criticize this model, deeming it ineffective in addressing economic crimes. |
| format | Article |
| id | doaj-art-cd888e6aaadf47ce81218f5d37b963a6 |
| institution | Kabale University |
| issn | 2008-7012 2717-0330 |
| language | fas |
| publishDate | 2024-08-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj-art-cd888e6aaadf47ce81218f5d37b963a62024-12-09T09:19:51ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302024-08-01163533338010.22075/feqh.2023.31591.36849158Iran's Criminal Policy Towards Corruption on Earth in Economic CrimesJamaladini Fatemeh0Mohammadmehdi Saghiyan1Ahmad Ghasemi2Doctoral student of criminal law and criminology, Islamic Azad University, Ayaullah Amoli branchAssistant Professor, Department of Criminal Law and Criminology, University of Tehran, Tehran, Iran (corresponding author)Visiting Assistant Professor, Department of Criminal Law and Criminology, Aya Allah Amoly Branch, Islamic Azad University, Amoly, IranWith the growth and rising statistics of economic and financial corruption within the banking and administrative-governmental systems over the past decade, addressing these types of economic crimes has gained significant attention in criminal policy. Given this importance, the primary issue explored in this research is the broad concept of economic crimes, accompanied by various manifestations observed in society, such as embezzlement by government employees, bribery, corruption, smuggling of goods and currency, money laundering, hoarding, disruption of monetary and currency systems, and other instances. These crimes are characterized by their public, widespread, and organized nature, evoking the concept of corruption on earth (ifsad fil-ard) as defined in the Islamic Penal Code and Shi’a jurisprudence. The central question of this research examines the comprehensive authoritarian criminal policy adopted in legislative, judicial, and executive contexts, as well as the procedural framework governing judicial practices related to economic crimes. Accordingly, the study investigates the extent to which laws and regulations, on the one hand, and preventive or punitive measures implemented by the judiciary, along with managerial and executive actions taken by the government, on the other hand, have successfully eliminated the foundations of economic crimes in society. Furthermore, it examines the legal challenges encountered in this process and assesses whether categorizing certain economic crimes under the concept of corruption on earth possesses sufficient legal grounds and deterrent effects. The research findings, based on a descriptive-analytical method, indicate that proponents of applying the concept of corruption on earth to economic crimes justify this categorization through a comprehensive authoritarian model and emphasize its advantages. In contrast, opponents, whose arguments seem more robust, criticize this model, deeming it ineffective in addressing economic crimes.https://feqh.semnan.ac.ir/article_9158_cfa91a2ca604c90c1398156a469d53fe.pdfcriminal policycorruption on eartheconomic crimesadministrative and financial corruption |
| spellingShingle | Jamaladini Fatemeh Mohammadmehdi Saghiyan Ahmad Ghasemi Iran's Criminal Policy Towards Corruption on Earth in Economic Crimes مطالعات فقه و حقوق اسلامی criminal policy corruption on earth economic crimes administrative and financial corruption |
| title | Iran's Criminal Policy Towards Corruption on Earth in Economic Crimes |
| title_full | Iran's Criminal Policy Towards Corruption on Earth in Economic Crimes |
| title_fullStr | Iran's Criminal Policy Towards Corruption on Earth in Economic Crimes |
| title_full_unstemmed | Iran's Criminal Policy Towards Corruption on Earth in Economic Crimes |
| title_short | Iran's Criminal Policy Towards Corruption on Earth in Economic Crimes |
| title_sort | iran s criminal policy towards corruption on earth in economic crimes |
| topic | criminal policy corruption on earth economic crimes administrative and financial corruption |
| url | https://feqh.semnan.ac.ir/article_9158_cfa91a2ca604c90c1398156a469d53fe.pdf |
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