The Judiciarys Law Journal

The Judiciarys Law Journal

Penology of Economic Crimes in the Legal System of Iran

Document Type : Research/Original/Regular Article

Authors
1 Ph.D. Student in Criminal Law, Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad university, Tehran, Iran
2 Assistant Professor،Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad university, Tehran, Iran), (Corresponding Author )
3 (Assistant Professor, Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad university, Tehran, Iran).
Abstract
There are principles and criteria related to criminal behavior, which determine its legal reality in terms of form and substance, and consequently affect the determination of punishment and the penological view of it. In the light of this perspective, economic crimes are also a manifestation of the rules that both criminalize the behavior attributed to it and give it an external example in the field of crime.The current research, focusing on the penological analysis of economic crimes, tries to investigate the types of punishments in this area as a final goal and in the light of the aforementioned goal, with a descriptive and analytical method, answer the main question that in dealing with economic crimes, which of the two approaches of consequentialism as the desired result or the non-consequentialist and retributivists aspect should be considered by the legislator in an absolute way in punishment? The results research show that by adopting a broad and diverse approach to punishment, what prevails over economic crimes is the superiority of retributivism.This belief is developed where, in addition to financial crimes and whipping, the legislator has used temporary and long term imprisonment without fear in the criminal discourse of economic crime and the judicial system has also approved this method in implementation. However, the punishment in this area is execution penalty, which with a religious basis and in the form of punishment and in the shape of Ta'zir, removes the economic criminal from the scene of accountability as a corrupt person, or against the economic system.The result of this prevailing thought regarding economic crimes is to adopt a non-consequentialist approach to achieve justice for the society.
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Volume 88, Issue 126
Autumn 2024
Pages 311-335

  • Receive Date 25 April 2023
  • Revise Date 30 October 2024
  • Accept Date 30 November 2024
  • First Publish Date 30 November 2024
  • Publish Date 22 September 2024