Iran's Legislative Criminal Policy Regarding Violations of the Law in the Field of Economic Crimes (and a Comparative Study with the Criminal Law of France)

Abstract

According to existing domestic and international documents, the harm of economic crimes and corruption in Iran has become a very big problem. Since criminals have a major tendency towards financial and economic issues, we are witnessing an increasing growth in crimes committed in the field of economic crimes. One of the issues raised in the field of economic crimes is the rule of law. The rule of law is one of the most essential principles applied in the constitutions of all countries; therefore, the factors of inefficiency and lack of rule of law in the implementation of criminal laws in the laws of countries including Iran and France are an issue that is considered important and necessary to address. In this descriptive-analytical article, we examine Iran's legislative criminal policy regarding violations of the law in the field of economic crimes (and a comparative study with the criminal law of France). For this purpose, by utilizing legal and criminological sources, acceptable criteria and criteria for effective criminal policy against the various behaviors in question (in both formal and substantive areas) were identified and then evaluated with a holistic view. The criminalization of economic crimes requires a coherent, perfect and intelligent criminal policy. In order to combat this type of crime, governments must adopt a specific and distinct criminal policy, so that this policy, from a substantive and formal perspective, has a separate approach to the definition of economic crimes and their scope, criminalization and approaches; it also has methods of combating and preventing them, as well as specific procedural rules.