Culmination of Law

Culmination of Law

Iran's legislative criminal policy against organized crimes

Document Type : Original Article

Authors
1 Ph.D. in criminology and faculty member of Amin University of Police Sciences, Tehran, Iran
2 PhD student in knowledge management, National Defense University, Tehran, Iran
3 PhD student in Sociology, Ahvaz University and faculty member of Amin Law Enforcement Sciences Research Center, Tehran, Iran
4 PhD student in criminology and faculty member at Amin University of Law Enforcement Sciences, Tehran, Iran
Abstract
Organized crime, with its variety of manifestations, complexity in the ways of committing and expanding, has imposed consequences and harmful effects on countries and societies from political, security, economic and cultural aspects, and has created serious challenges at the national and international levels. Most of the countries have considered a specific legislative policy to fight these crimes, considering that the law is considered the first and most formal tool of social control, the legislator can complete the legislative gap by making changes in the law related to organized crime and by criminalizing it. Organized serious and important crimes and predicting punishments and punishments appropriate to these crimes and approving the differential procedure will facilitate the facilitation of executive and judicial criminal policies in an efficient manner.
The current research was written based on the descriptive-analytical method and on the basis of documents and library resources, and in this regard, the obtained information was analyzed by studying international documents and domestic laws, with a practical purpose. The findings of the research showed that Iran's legislative criminal policy, including laws, applicable regulations and other existing binding documents, do not have the necessary coherence and clarity regarding organized crimes. Although the legislature of Iran has dealt with these crimes sporadically and transiently, from the point of view of increasing the punishment or limiting the defense rights of criminals, but the weakness and legal gap in facing this criminal phenomenon is evident and this silence causes problems and damages in the policy process. It has also created an executive and judicial crime.
Keywords

Subjects


References
Habibzadeh, Mohammad Jafar and Shams Natri, Mohammad Ebrahim and Najafi Abrandabadi, Ali Hossein. (1990). Organized Crimes in Criminology and Criminal Law. Journal of Humanities Lecturer. 4(4), pp. 99-123.
Hosseinzadeh, Jamal-eddin and Mohseni, Farid. (2019). Iran's Legislative Criminal Policy Towards the Overthrow of the Regime with a Look at the Theories of the Guardian Council, Scientific Research Quarterly of the Excellence of Rights, 7(1).
Abbaszadeh Dibavar Mohammad Ali, Ansari Abbasgholi and Amini Mohammad. (2018). Iran's Legislative Criminal Policy in Criminalizing Economic Crimes, Quarterly of Political Security Research, 10(38), pp. 408-384.
Zalighi, Abbas. (2009). Human Trafficking in Iran's Criminal Policy and International Documents, Mizan Publications, First Edition, p. 54.
Rajabi Taj Amir, Ebrahim. (2019), The Globalization of Crime and the Necessity of New Police Policy in Combating Transnational Crimes, International Police Studies Quarterly, 46(12), pp. 121-100.
Rostampour, Pouria and Mudati, Ali and Sehati, Saeed. (2018). A Perspective on Examples and Transnational Organized Crimes with Emphasis on Iran's Legislative Policy, International Police Studies Quarterly, 35(8), pp. 137-161.
Salimi, Sadegh. (2004). Human Trafficking as a Transnational Organized Crime, Journal of the Faculty of Law, University of Tehran, 64(2), pp. 37-47.
Salimi, Sadegh. (2008). White Collar Criminals and Iranian Criminal Policy, Journal of Law, 4(4), pp. 239-254.
Shams Natri, Mohammad Ebrahim. (2019) Organized Crimes in the Mirror of the Criminal Policy of Islamic Iran and International Documents, Qom, Hawza and University Research Center, Second Edition.
Gholami Razini, Pourbafarani Hassan, Khosrowshahi Qodratollah. (2011). Iran's Criminal Policy in Countering Organized Drug Crimes from the Borders of the Islamic Republic of Iran, Quarterly Journal of Border Sciences and Technologies 10(4), pp. 213-191.
Milani, Alireza and Bagheri, Nafiseh and Shirazi Moghadam, Mohammad Mehdi. (2016). The Performance of the Iranian Legal System in Confronting Organized Crimes, Quarterly Journal of Social Science Studies, 1(1), pp. 1-11.
Pourbafarani, Hassan and Masali, Amin. (2017). A Penal Analysis of the Death Penalty in Law, Combating Drugs, Quarterly Journal of Parliament and Strategy, Year 24.
Lazerge Christian. (2010). An Introduction to the Politics of Place, translated by Ali Hossein Najafi Abrandabadi, 8th edition, Mizan Legal Foundation.
Yekta, Ali and Barani, Mohammad and Nezameti Tabar, Javad and Afrasiabi Ali. (1401). Confronting Organized Crime from Theory to Practice, International Police Studies Quarterly, 13(49), pp. 57-30.
Yekta, Ali. (1401). The Criminalization Model of Organized Crime in the Iranian Police, PhD Thesis, Amin University of Law Enforcement Sciences.
Arnold, E. /1862/: The Marquis of Dalhousie’s administration of British India. London, Saunders, Otley, and Co.
Cragin, A.H. /1870/: Execution of the Laws in Utah. Washington DC, F., J. Rives, G.A. Bailey.
Dobovšek, B. /2008/: Economic organized crime networks in emerging democracies.
Ignjatović, D. /1998/: Organized crime, drugi deo, Kriminološka analiza stanja u svetu. Belgrade, Policijska Akademija.
Levi, M. /1998/: Reflections on Organized Crime: Patterns and Control. Howard Journal of Criminal Justice 37(4): 335–438.
Mack, J.A., Kerner, H.-J. /1975/: The Crime Industry. Westmead, Saxon House.
Neuman, M., Elsenbroich, C. /2017/: Introduction: the societal dimensions of organized crime. Trends in Organized Crime 20(1–2): 1–15.
Puzo, M. /1969/: The Godfather. New York, G.P. Putnam's Sons.
Sims, E.W. /1920/: Fighting crime in Chicago: The Crime Commission. Journal of the American Institute of Criminal Law and Criminology 11(1): 21–28.
Spencer, H. /1881/: The Industrial type of society. Popular Science 20(11): 1–29. Task Force on Organized Crime /1967/: The Task Force Report: Organized Crime: Annotations and Consultants' Papers. Washington DC, Government Printing Office.
von Lampe, K. /2019/: Definitions of Organized Crime. www.organized-crime.de/organizedcrimedefinitions.