نوع مقاله : علمی - پژوهشی
نویسندگان
دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The link between criminal law and criminal policy and financial economy has become an inevitable necessity. Revise of economic systems in advanced countries shows that their growth is due to principled policies and systematic intervention of criminal policy planners. Given the importance of stock market and necessity to protect consumers and capital owners, governments set regulations appropriate to capital market, regarded value-added and legal responses. In our country, in criminal policy applied by Iranian legislator in capital market, it is penal and disciplinary criminalization as well as the provision of punitive responses and prescribing procedures and decision-making authorities that distinguish the legitimized from ilegitimized transactions. In this article, an attempt has been made to critique legislative criminal policy adopted in this field. An important question that has occupied mind of writers is wondering model of criminal policy in this market. Is it categorized as a strict and security-oriented criminal policy, or is it minimal criminal policy or even none of them? Wandering criterionless policy. Findings of study indicate some confusions in the legislative criminal policy of this area; lack of clear criterion in the definition and classification of economic crimes, disproportionation guarantee of the anticipated disputes; idealism and chanting slogans in the field of prevention and adoption of purely strict approaches are examples of this. Updating criminal provisions and transparency legislation, adopting rational approaches, principled separating of capital market crimes, and establishing centralized management, both in the field of criminal policy and preventive measures, are necessary to organize this area.
کلیدواژهها [English]
1. ابراهیمی، شهرام؛ صادقنژاد نائینی، مجید (1392)، «تحلیل جرمشناختی جرائم اقتصادی»، پژوهش حقوق کیفری، سال 2، ش 5، صص 174-147.
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