Document Type : Research Article
Author
PhD in criminal law and criminology, University lecturer, Faculty of Humanities, Islamic Azad University (Tehran Branch).
Abstract
Highlights
Extended Abstract
Indroduction
Economic corruption stands as a formidable and pervasive challenge to contemporary legal and governance systems, inflicting severe and multi-faceted damage on social justice, economic efficiency, and public trust. This pernicious phenomenon extends beyond a mere economic issue, acting as a destructive force against political stability and social cohesion. In this context, the Islamic Republic of Iran, like many nations grappling with this issue, requires the adoption of effective and efficient policies in the fight against corruption. This research is primarily aimed at a comprehensive and critical evaluation of the Iranian government’s criminal policy in combating economic corruption, and to offer constructive suggestions for improving its criminal policymaking processes. The theoretical underpinnings of this study are firmly rooted in the framework of “Participatory Criminal Policy” and the approaches of “Situational Prevention” and “Social Prevention.” These theoretical frameworks specifically emphasize the necessity of integrating and synergizing criminal justice interventions (such as criminalization and punishment) with non-criminal measures (such as administrative reforms, increased transparency, and ethics training). A purely repressive and punitive approach, without addressing the root causes and environmental opportunities for crime, has proven ineffective in the long term and cannot lead to sustainable, systemic reforms. Therefore, this research insists on the adoption of a comprehensive and balanced strategy that addresses both the roots of corruption and the opportunities for its commission, thereby ensuring the health and efficiency of the administrative and governance system.
Methodology
To achieve the aforementioned objectives, this research employs a descriptive-analytical methodology. This approach allows us to describe the current state of Iran’s criminal policy in combating economic corruption, critically analyze its strengths and weaknesses, and ultimately propose practical solutions for improvement. The primary source of data for this research has been extensive library studies, including a review of academic articles, specialized books on criminal law and criminology, and research related to economic corruption and criminal policy. Furthermore, legal documents and legislative enactments, such as laws approved by the Islamic Consultative Assembly (including the Anti-Corruption Law, the Law on Enhancing the Integrity of the Administrative System and Combating Corruption), regulations, circulars, and judicial precedents related to the fight against economic corruption, have been meticulously studied and analyzed. Data analysis was conducted qualitatively, with a primary focus on identifying the key factors influencing the effectiveness or ineffectiveness of the existing criminal policy. This process involved a detailed examination of the provisions of the laws, the institutional enforcement structures, and the responsible bodies in identifying, prosecuting, and punishing perpetrators of economic corruption, as well as evaluating the effectiveness of preventive mechanisms. This comprehensive approach provides a complete and realistic picture of the current anti-corruption landscape in Iran and lays the groundwork for critical evaluation and the proposal of reformative suggestions.
Research Findings
The analysis of Iran’s criminal policy in combating economic corruption reveals a set of critical factors that significantly undermine its effectiveness. One of the most significant findings is the dominance of a purely repressive and punitive approach. In this paradigm, the primary focus is on imposing severe penalties on offenders after the crime has occurred, while preventive and corrective measures receive less attention. This skewed prioritization leads to insufficient attention to the root causes of corruption, such as poverty, inequality, and structural weaknesses within the administrative and economic systems. Another contributing factor is the inflation and dispersion of criminal laws related to economic corruption. The multiplicity of laws, sometimes contradictory and often with inadequate enforcement mechanisms, makes it difficult to establish a coherent and understandable legal framework. This situation, in addition to creating confusion for law enforcers and citizens, provides opportunities for exploitation and evasion of punishment. Weakness in preventive mechanisms is also identified as a significant shortcoming. This weakness includes a lack of effective systems for early detection of corruption, insufficient transparency mechanisms in government and private transactions, and the absence of promotion and institutionalization of a culture of professional ethics and loyalty to public interest among government officials and economic actors. Another important finding is the lack of effective and efficient coordination among the responsible institutions involved in the fight against corruption. Various bodies, including the judiciary, the Ministry of Intelligence, the General Inspection Organization, the Court of Audit, and other oversight agencies, have responsibilities in this domain. However, the absence of organic communication, information sharing, and clear division of labor leads to duplication of effort, waste of resources, and oversight gaps. Consequently, the rate of economic corruption in the country has not significantly decreased despite the imposition of severe penalties. This finding demonstrates that relying solely on a punitive approach, without simultaneously addressing the preventive and corrective dimensions, is insufficient for effectively combating corruption.
Conclusion
Based on the research findings, a fundamental and thorough revision of the current criminal policy in the domain of combating economic corruption is an unavoidable necessity. There is an urgent need to transition from a purely reactive and repressive criminal policy to a balanced and preventive criminal policy. This transformation must be accompanied by a focus on eradicating the root causes and underlying factors of corruption, as well as actively reducing the opportunities for committing crimes. The preventive approach should be prioritized and include strategies such as significantly increasing transparency at all administrative and economic levels, strengthening accountability and responsibility mechanisms for government officials, promoting and institutionalizing a culture of honesty and integrity, and enhancing social capital by fostering public trust in government institutions. The implementation of such a comprehensive strategy can effectively strengthen the integrity of the administrative system, rebuild eroded public confidence, and enhance the nation’s social capital. Ultimately, this integrated and preventive approach will significantly increase the efficiency of the fight against economic corruption, paving the way for a more just, equitable, and prosperous future for Iran. Achieving these systemic reforms requires strong political will, comprehensive inter-institutional cooperation, and a sustained commitment to long-term, structural solutions that extend beyond short-term punitive actions.
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