Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Investigating the Legal Nature of Digital Currency and its Role in Preventing Money Laundering

Document Type : Original Article

Authors
1 Ph.D Student, Department of Fiqh and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
2 Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran. (Corresponding Author)
3 Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
10.22034/jccj.2023.370685.1133
Abstract
Digital currency is an innovation arising from the expansion of the Internet, and due to its economic function, it is one of the issues of social sciences. Digital currency is the realization of an economic idea in the form of a computer program that has quickly passed the stage of acceptance by society. In this paper, an attempt has been made to examine and explain the jurisprudential nature and impact of digital currency in preventing money laundering. The present paper is descriptive and analytical using the library method. The findings indicate that the general acceptance and ability to buy and sell digital currency, which is based on intellectual benefits, can be an important reason for it to be recognized as valid currency by jurisprudence. One of the disadvantages of digital currency is the possibility of misuse of this currency in the crime of money laundering. The hiddenness of users and activists of digital currency can lead to its use in money laundering, but monitoring it through exchanges and creating a platform of transparency in transactions can prevent money laundering through digital currency, which itself requires the legalization of buying and selling this type of currency and drafting the necessary laws in this regard. Therefore, it is necessary for economic policy makers to take a careful approach towards digital currency and while accepting this type of currency, the necessary rules should be set and formulated in this regard. This issue is more important when it is noticed; the country's economy cannot be indifferent to monetary and financial developments at the international level.
Keywords

Volume 3, Issue 1
Winter 2023
Pages 17-29

  • Receive Date 05 December 2022
  • Revise Date 31 January 2023
  • Accept Date 07 February 2023
  • Publish Date 21 March 2023