Delinquency of credit institutions in Iran

Articles in Press

Document Type : Research Paper

Authors

1 p.h.d Candidate

2 P.H.D

10.22034/mr.2024.5085.4889

Abstract

Fear of violation of legal norms by credit institutions due to their access to huge sources of wealth and technical complexities in the field of monitoring the operations of credit institutions has always been one of the important concerns of governments, and political systems with strict rules and granting regulatory powers to central banks have tried on the management of these anomalies. The evasion of the delinquent credit institutions has many aspects and the etiology of this phenomenon is necessary from different dimensions. This article, with the descriptive and analytical method, aims to explain the role of defective legislative structures in the development of this phenomenon, while explaining the nature of the crimes described, and investigates its legislative origins. This means that sometimes legislation can be criminal without considering its requirements and accessories. Research findings show that the legislative origins of credit institutions' crimes are in three categories: structural and formal disadvantages of the monetary and banking regulation system and content deficiencies in the field. Legal requirements are placed with this phenomenon. Dispersion of monetary and banking laws, uncertainty of punishments, subjecting the initiation of criminal prosecution to the complaint of an executive body and the use of ambiguous terms by legislators are among the structural and formal disadvantages of the legislative system in this area. Weakness in the field of prevention of these crimes, populism in the legislation, banning the application of any social institution for the offenders in this field, tendency towards the security approach, adoption of security-oriented literature and giving a weak role to the regulatory body in the management of this criminal phenomenon are among the causes of this content. is a phenomenon.

Keywords

Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 27 August 2024

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