نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Background & Objective
The rapid transformations in the economic sphere and the expansion of commercial activities have highlighted the need to reassess criminal policies, particularly the approach to criminalization in business criminal law. This study aims to examine the theoretical framework of decriminalization and propose key criteria for reducing unnecessary criminal interventions while replacing them with efficient non-criminal mechanisms.
Method
Using a descriptive–analytical approach, this research investigates the theoretical dimensions and practical indicators of decriminalization in the field of economic and business crimes through the study of legal sources, international documents, and comparative legal experiences. In addition, available statistical and functional analyses have been used to assess the implications of different criminal policy approaches.
Findings
The study reveals that proportionality, legal legitimacy, practical efficiency, and effectiveness are essential criteria for successful decriminalization policies. Three main components are identified as crucial for this process: redefining the scope of criminal intervention, establishing a coherent and integrated regulatory system, and focusing on effective legal responses. Data analysis further indicates that excessive criminalization not only leads to delays and higher costs within the justice system but also undermines public trust in criminal justice institutions.
Results
Implementing intelligent, evidence-based decriminalization policies can reduce the burden on the criminal justice system while enhancing its efficiency, preventing economic crimes, and supporting offender rehabilitation. Such policies maintain the accountability of the criminal justice system while enabling it to adapt to contemporary economic developments and achieve proportionate and realistic criminal justice.
کلیدواژهها English