The spread of corruption on earth to economic crimes: their contexts and challenges

Subject Areas :

Ali Asadi ¹ (PhD Student in Criminal Law and Criminology, Faculty of Theology and Islamic Studies, Meybod Branch, Islamic Azad University, Meybod, Iran.)
Amir Sedighiyan ² (Assistant Professor of Criminal Law and Criminology, Faculty of Theology and Islamic Studies, Meybod Branch, Islamic Azad University, Meybod, Iran.)
Ali ZAre ³ (Assistant Professor of Criminal Law and Criminology, Faculty of Theology and Islamic Studies, Meybod Branch, Islamic Azad University, Meybod, Iran. 09103015157, Second Supervisor.)

Received: 2021-07-03 Accepted : 2021-08-27 Published : 2021-05-22

Keywords: corruption on earth, criminal populism, economic crimes, criminal instrumentalism, repression,

Abstract :

Predicting widespread disruption in the country's economic system as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 1392, it is necessary to study the context of this procedure in legislation related to economic crimes and analyze the challenges. Although the adoption of this procedure in previous special laws such as the law of punishment of disruptors in the country's economic system is unprecedented, but its use in the Islamic Penal Code as the mother law has doubled the need to explain and analyze the components. Regardless of the lack of reliable foundations for criminalizing corruption on earth in the view of book commentators and Imami and public jurists, the study of the legislature's implications for the extension of this novel criminal title to economic crimes suggests the prevalence of populist and instrumentalist views in criminal law. With economic crimes. Influenced by these views, it has caused major challenges such as adopting repressive approaches and not paying attention to the specific characteristics of economic crimes and their perpetrators. Attaching the security label of a corruptor on earth to an economic defendant and reducing the ability of criminal defendants to direct the case to a fair trial on the one hand and facilitating the escape of the perpetrator from the legal punishment due to the unwillingness of the judiciary to use life imprisonment and consequent deterrent punishment. On the other hand, it is part of the corrupt sequence of the above-mentioned challenges. Prudent crimin