The Concept and Position of Economic Regulation with Emphasis on Accountability for Exchange crimes

Document Type : Research Article

Authors

1 Phd Student of Criminal law and Criminology, Kharazmi Universiti, Tehran, Iran

2 Assistant professor of Criminal law and Criminology, Kharazmi Universiti, Tehran, Iran

Abstract

Response to stock exchange crimes is a function of the relationship between
the government and the economy; In this regard, with a view to changing the
theory of government intervention in the economy from welfare state to
regulator governments and the difference between the level and the mode of
government intervention in the economy, two models can be explained; The
model of traditional response and repression is with the full intervention of
the government. This model is criticized because it does not work in light of
the complex stock market crimes, sovereignty intervention and criminal
justice practice and not only is it not beneficial to apply this tool with the
tools and guarantees of criminal enforcement, it also damages the economy
of the community and closes parts of it.
Also, in the traditional criminal justice model, the response is limited to
specific penalties due to the complexity of the crimes and the violations of
the stock exchange, it will not result in compensation for the losses of the
stock exchange victims, who are generally investors and shareholders. The
second model is the economic adjustment model that maintains the basis of
the response to maintaining the economic order;
Along with monitoring and controlling crimers in order to recover and
repair the damages inflicted on the body of the economy of the community,
it knows and has a greater role to play in preventing losses and losses of
stock exchange crimes; Along with monitoring and controlling offenders in
order to recover and repair the damages inflicted on the body of the economy
of the community, it knows and has a greater role to play in preventing
losses and losses of stock exchange offenses; It follows from the descriptiveanalytical
approach that the entry of criminal rights in response to stock and
securities crimes as a regulatory mechanism should be used as the last step
and the last resort. In this article, by understanding the principles governing
the economic regulatory system and its tools, we will evaluate traditional
criminal justice methods and economic regulatory to responding to stock
exchange crimes.

Keywords

The Journal of Islamic Law Research
Volume 20, Issue 2 - Serial Number 50
February 2020
Pages 473-498

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History

  • Receive Date: 26 October 2019
  • Revise Date: 13 January 2020
  • Accept Date: 29 January 2020

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