نوع مقاله : پژوهشی
1 مستشار قضایی معاونت حقوقی قوه قضاییه ، دانشجوی دکتری حقوق جزا و جرمشناسی دانشگاه آزاد اسلامی واحد شهر قدس
2 دانشیار گروه حقوق جزا و جرم شناسی دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
عنوان مقاله [English]
Combating crime, denying the offenders of proceeds and incomes, compensating for damages and restoring criminal assets to the legitimate owner, requires close cooperation between countries. Meanwhile, there are numerous political, economic, social, legal and even technical factors that prevent them from achieving these goals. But the importance of co-operation between countries and the need to confront crime offenders and international obligations of countries requires that these factors do not prevent cooperation. In this regard, countries, with due regard to the necessity of the matter and in accordance with the recommendations of international instruments, in order to motivate for active participation of States and organizations in the process of prosecution and cooperation for the seizure and extradition of property derived from crime, by ratification Internal laws, the establishment of bilateral and case agreements, and practical procedures created new rules ,named »fair sharing of property and proceeds from crime«. To each of them, in proportion to their participation in the operation, they split a percentage of the confiscated property, which has been effective in practice as a new strategy for cooperation between countries, and so far billions of dollars in cash and property and proceeds which are driven from the crime, Had been taken from the offender of the offense and was returned to the legitimate owners or shared between the parties who have collaborated, which has also been very effective in countering offenses, in particular the prevention of corruption in the governorates.