Ifsad through disrupting the country's economic system

Articles in Press

Document Type : Research Paper

Authors

1 Judge, PhD student of criminal law and criminology, Tarbiat Modares University, Tehran, Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran

Abstract

Where did this law come from? The approval of the Islamic Penal Code in 2012 and the separation of the two limited titles "Moharebeh" and "Corruption in the Land" caused the question to be raised once again, who are the examples of this ruling and by what criteria can we identify the examples of the ruling of corruption in the Land? gamard Therefore, examining the question that if the disruption in the country's economic system reaches the level of corruption in the land, according to the existing laws, which law should the judge refer to is a starting point that leads us to a more important question: "The posterior definition of the level of corruption in the land by What effects does the legislator have on the law of punishing those who disturb the country's economic system?". The research method in answering this key question is descriptive-analytical, and library tools were used to collect the materials, and the findings indicate that since the Islamic Penal Code and the limit of corruption mentioned in it are in accordance with the fourth principle of the Constitution. It is according to Islamic standards, it is not possible to allocate it with other materials. Therefore, on this basis, in each of the crimes subject to the execution of the Law on Punishment of Disruptors in the Economic System of the country, the judge is required to verify the material and spiritual elements of the level of corruption in the land subject to Article 286 of the Islamic Penal Code.

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Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 02 March 2024

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