Iran's legislative criminal policy in criminal bankruptcy with an emphasis on white-collar crimes

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Abozar Kohnavard, Mohammad Hasan Javadi, Reza Nikkhah Sarnaghi


A criminal lawsuit against a bankrupt can be proposed if a businessman or a business company or a merchant has committed fraud or wrongdoing in his transactions and as a result, the company is considered bankrupt, in this case the bankrupt is guilty and will be prosecuted. Although some white-collar behaviors have been criminalized in Iran's legal system, despite the development of the range of responses and their diversification, as well as the alternative mechanisms that are used encountering white-collar crimes, we need for new criminalization in this field. This article aims to analyze the phenomenon of "bankruptcy epidemic" from the perspective of criminological data in the legislative criminal policy of white-collar and economic crimes in Iran, which can be observed from two perspectives of legal and criminological challenges. The legislative mechanism in this area, regardless of the modern criminological data, has changed the trustee criminal courts into pragmatism political-economic institution in dealing with criminals in the criminal field of bankruptcy which not only does not envisage any certainty on the execution of punishments, but also delays prosecution, investigation and punishment of criminals.

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