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Modern Criminology in Economic Crimes and Its Components in Iran's Legal System

2023 · The Encyclopedia of Comparative Jurisprudence and Law · 0 citations

Abstract

The formation and sustained stability and dynamism of human societies necessitate the establishment of interpersonal relations. Within the course of human interactions, conflicts of interest and clashes between citizens' rights and those of the state are inevitable. In this context, certain individuals may resort to violating laws and regulations to safeguard their interests. Consequently, the state, based on the principles and general rules of the social contract, enacts laws and regulations to ensure public security and order. Economic crimes not only undermine the economic system but also challenge all levels of the social system, necessitating comprehensive criminal policy to effectively address such offenses. Iran’s economic environment, due to its susceptibility to multiple vulnerabilities, presents a more conducive setting for economic crimes compared to advanced economic systems. However, Iran’s legal system, particularly its criminal law, lacks specific measures to counteract these crimes. Modern criminology in economic crimes constitutes a branch of criminal law that involves the scientific study, research, evaluation, and analysis of practical methods aimed at promoting individual and social benefits, as well as the implementation of criminal sanctions. Given the urgent need to modernize the legal system, the significance of modern criminology in economic crimes has become increasingly prominent. Preliminary analysis identifies the following components of modern criminology: prioritizing alternatives to imprisonment, such as community service, house arrest, and monetary fines. Since modern criminology in economic crimes represents a relatively new issue within legal systems, this study employs a documentary and library-based research methodology, gathering information from existing library resources. Analysis of the research findings reveals that one of the key components of modern criminology in economic crimes within contemporary legal frameworks—prioritizing alternatives to imprisonment—is necessary for several reasons, including rising crime rates and recidivism, the erosion of a sense of responsibility among prisoners, the fostering of feelings of inferiority within correctional facilities, the encouragement of societal hostility, social exclusion, and unemployment among released offenders. Therefore, the aim of this research is to explore modern criminology in economic crimes and examine its components within Iran’s legal system.

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