The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Impact Assessment of Definitional Flaws in Economic Crimes on Differential Criminal Procedure in Light of Judicial Precedents

Document Type : Research/Original/Regular Article

Authors
1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran
2 PhD Student in Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran
Abstract
The categorization of economic crimes in Iranian legislation remains overly broad and ambiguous. The Islamic Penal Code, regardless of the grading or gravity of offenses, classifies a wide spectrum of crimes—ranging from severe to minor—as "economic crimes." Given this context, applying the principles of differential criminal procedure to all such instances appears unjustified. The strict, security-oriented approach inherent in differential procedures modifies certain principles of a fair trial to enhance the efficiency of the criminal justice system against serious crimes. Consequently, applying these rigorous principles to minor offenses results in the overall inefficiency of the criminal justice system. Utilizing library resources and analyzing judicial decisions, this study addresses the "impact of descriptive flaws in economic crimes on differential procedure" as its primary research problem. By examining specific judicial precedents, the paper seeks to substantiate the hypothesis that the legislative description and definition of economic crimes are intrinsically linked to the differential trial process. Success in combating economic crimes through the framework of differential procedure is contingent upon a coherent and transparent legal nature. Unless conceptual and practical ambiguities are resolved and minor offenses are excluded from this category, the implementation of differential procedure will not only be ineffective but may also lead to significant judicial injustice.
Keywords
Subjects

Volume 30, Issue 111
Summer 2025
Pages 119-146

  • Receive Date 07 October 2024
  • Accept Date 20 May 2025