Examining Iran's legislative and judicial criminal policy in the field of cryptocurrencies; Emphasizing the crime of disrupting the country's economic system

Document Type : Research Paper

Author

Assistant Professor, Department of Criminal Law and Criminology, Institute for Political Studies, International Relations and Law, Institute for Humanities and Cultural Studies, Tehran, Iran.

Abstract

The role of the criminal justice system through legislative and judicial institutions in guaranteeing private property as a goal and a means to achieve development is undeniable. The main subject of this article is to examine the functioning of Iran's criminal justice system regarding digital currencies and the legalization of ownership resulting from it, emphasizing the crime of disrupting the country's monetary or currency system. The findings of this qualitative research, using a case study of one of the most important specialized complex cases for dealing with economic crimes, show that in addition to the criticisms of Iran's legal and judicial criminal policy in the field of cryptocurrencies, the inconsistency of these Together, has created the idea of a kind of neutralization of legislative criminal policy in the output of judicial criminal policy. Therefore, along with the regulation and democratization of digital ownership to open new ways of production and value exchange in the digital economy, it is suggested that the criminal policy as the legislator determines and approves its outlines and tools. ‌ be accepted and implemented in judicial courts.

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