Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 215-232 | Back to browse issues page

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Neshastehriz S, Malmir M, Heidari M. From "Globalization" to Application of "Enemy Criminal Law" in Investigating Economic Crimes. MLJ 2021; 15 :215-232
URL: http://ijmedicallaw.ir/article-1-1390-en.html
1- Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
2- Department of Criminal Law & Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
Abstract:  
Background and Aim: Globalization is a procedure existing in different contexts of human life. Regarding the expansion of delinquency at the international level, globalization can be examined as a necessity in criminal sciences. Economic corruptions bring heavy costs for society so that, they are hard to discover and detect due to their complicated forms. Hence, a decisive criminal policy is required to cover such costs. The present study was conducted to examine criminal policy made by the Iranian legislature to remove corruption and economic crimes with an emphasis on new rules of Regulations and Instructions for investigating the Crimes of Disruptors in the Economic System approved in 2018 and amendments 2020 through a descriptive-analytical study.
Materials and Methods: The extant paper was designed and written by using the descriptive-analytical method and bibliographic references.
Results: Findings indicated the anticipated need for a differential approach to economic criminals in the new Islamic Penal Code 2013 and Directive of 2018. Although the term "economic crimes" has been used, there is no specific definition for economic crime. These crimes have not been taken into account clearly, so the law has not taken a decisive step to fight against economic corruption. However, Articles 47, 35, and 109 of the new Islamic Penal Code 2013 include unlimited examples of economic crimes that comprise the crimes listed under the note of Article 36 and the crime of fraud.
Ethical considerations: This study was designed based on confidentiality and honesty principles.
Conclusion: The legislature has adopted enemy criminal law to fight against moderate and macro crimes by taking strict penal measures to determine punishment, including the introduction of macroeconomic criminals, deprivation of moderate and macroeconomic offenders from suspending judgment rendering, and deprivation from prosecution prescription and penalty execution. In this case, the legislature has emphasized the confidence and certainty of punishment execution regarding criminal prevention of economic crime.

Cite this article as: Neshastehriz S, Malmir M, Heidari M. From "Globalization" to Application of "Enemy Criminal Law" in Investigating Economic Crimes.  Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/03/3 | Accepted: 2021/08/3

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