Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Balance of Individual and Collective Interests in Economic Criminalization in Line with the Recommendation of the Council of Europe

Document Type : Original Article

Authors
1 Ph.D Student, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
3 . Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
4 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2023.396777.1264
Abstract
Economics is the most important area of law because the nature of the legal system is influenced by the intellectual system governing the economic system. Regulating the economic system and creating a network of relationships defined in it can reduce the costs of the legal system and increase its efficiency, and also disruption of it cause functional imbalance of the economic relations network of individuals and consequently disruption of the legal system. This issue challenges criminal law and causes unwarranted expansion of criminal instruments in the economic sphere. In this paper, a new approach of interdisciplinary economic and criminal law studies will be presented using descriptive-analytical research method. The findings indicate that; At least in the field of economic crimes, the bases, norms and criteria of criminalization rarely exist, and since its rules are to guarantee the basis and current requirements of the economic system, criminal law should always be dynamic and evolve along with the realities and developments of the economic system including Recommendation No. 12 of the European Council in June 1981, which is a strategic document in modern economic criminalization, along with the conventional principles of criminalization.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 45-59

  • Receive Date 12 December 2022
  • Revise Date 11 January 2023
  • Accept Date 18 January 2023
  • Publish Date 20 February 2023