Journal of Legal Research

Journal of Legal Research

Analysis of General Anti-Corruption Policies and Illicit Asset Recovery Mechanisms

Document Type : Original Article

Authors
1 PhD Student in Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran.
2 Associate Professor, Department of Jurisprudence and Fundamentals of Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
3 Assistant Professor, Department of Law, Legal Research and Legal Assistance Center, Shahrood Branch, Islamic Azad University, Shahrood, Iran.
Abstract
Effective policymaking in the judicial domain for sustainable governance requires integrating political, economic, social, and security factors. A primary concern is that certain judicial policies aimed at combating corruption and recovering illicit assets remain overly dependent on political and security considerations, thereby neglecting the human and social dimensions essential for holistic anti-corruption frameworks. Iran’s legal system enshrines anti-corruption and asset recovery as constitutional imperatives, positioning them as superior norms within its overarching policy architecture. Corruption has emerged as a priority challenge across regional, national, and international levels. Judicial rulings and state policies reveal multidimensional strategies to address this systemic issue. This article employs a descriptive-analytical methodology drawing on doctrinal legal analysis to examine anti-corruption frameworks and asset recovery mechanisms. The analysis prioritizes international conventions (e.g. UNCAC) and anti-corruption institutions, whose standards inform domestic legal harmonization globally. International coordination has institutionalized more robust anti-corruption regimes. At the national level, key interventions include: i) strengthening interagency cooperation, ii) enhanced prosecution protocols, and iii) transparency mechanisms (e.g. national corruption reports). The study addresses two core questions: 1) What are the general policies for preventing and combating corruption in Iran's legal system? 2) How does Iran’s framework operationalize illicit asset recovery? Iran’s legal system codifies these priorities under the Supreme Leader’s Five-Year Judicial Policies (Clause 3), emphasizing prevention, interagency collaboration, and asset recovery as foundational principles. This approach reflects global best practices, evidenced by comparative legal adoption.
Keywords

  • Abbasi, Asghar. Economic Criminal Law: Money Laundering; Fight Against Money Laundering in International Documents and the Iranian Legal System. 1st ed. Tehran: Mizan Publishing, 2014. (in Persian)
  • Bahramand Beg Nazar, Hamid. Legislative Guidelines for the Implementation of the United Nations Convention Against Corruption. Tehran: United Nations Office on Drugs and Crime, 2008. (in Persian)
  • Bakowski, Piotr and Sofija Voronova. Corruption in the European Union. Brussels: European Parliamentary Research Service, 2017.
  • Bekhshlo, Reza & Hadi Tahan Nazif. "Feasibility Study of Referring to the General Policies of the System in the Administrative Justice Court". Strategic and Macro Policies, 8(31), 2020, 576-597. https://doi.org/10.30507/jmsp.2020.106236 (in Persian)
  • Feyz, Zahra & Hamid Masjedsaraei. "Application of the Implication of Prohibition of Corruption in the Interpretation of Laws". Islamic Fiqh and Law Studies, 7(12), 2016, 245-276. https://doi.org/10.22075/feqh.2017.1936 (in Persian)
  • Ghamami, Seyed Mohammad. Constitutional Law of the Islamic Republic of Iran. Tehran: Center for Islamic Revolution Documents, 2011. (in Persian)
  • Haji Ali Khamseh, Mohammad. A Suitable Model of the Legal System for the General Policies of the Constitution of the Islamic Republic of Iran. PhD Dissertation. Tehran: University of Tehran, 2018. (in Persian)
  • Hosseini, Seyedeh Omolbanin & Mohammad Isa’i Tafreshi. "Redefining the Concept of Recovery of Illicit Assets in the Legal Systems of England and Iran". Comparative Law Research, 22(4), 2018, 29-63. (in Persian)
  • Hosseini, Seyedeh Omolbanin. Civil Lawsuit for Recovery of Illicit Assets to Combat Economic Corruption: Comparative Study of Iran and England Legal Systems and Proposing an Optimal Model. PhD Dissertation. Tehran: Tarbiat Modares University, 2017. (in Persian)
  • Kazerooni, Seyed Mostafa. "Challenges of Recovery of Assets Derived from Administrative and Financial Corruption Crimes with Emphasis on Capacities and Obstacles of International Law for the Islamic Republic of Iran". Promotional Chair. Tehran: Shahr-e-Danesh Legal Research Institute, 2021. Available (in Persian)
  • Khanali Pour Vajargah, Sakineh. "Transparency International Organization". In: Encyclopedia of Economic Criminal Sciences. Tehran: Mizan, 2019. (in Persian)
  • Klemencic, Goran and Janez Stusek. Specialised anti-corruption institutions: review of models. Paris: OECD, 2008.
  • Langst, Peter et al. Global Programs to Combat Corruption. Translated by Amir Hossein Jalali Farahani and Hamid Bahramand Beg Nazar. 1st ed. Tehran: Research Center of the Islamic Consultative Assembly, 2008. (in Persian)
  • Moein, Mohammad. Persian Dictionary. Tehran: Eslamiyeh Publications, 1986. (in Persian)
  • Mohaghegh Damad, Mostafa. Recovery of Illicit Wealth. Tehran: Islamic Sciences Publishing Center. (in Persian)
  • Rasekh, Mohammad. Supervision and Balance in the Constitutional Law System. 1st ed. Tehran: Darak Publishing, 2009. (in Persian)
  • Razavi Fard, Behzad. "Organized Crime". In: Encyclopedia of Criminal Sciences. 1st ed. Tehran: Mizan, 2017. (in Persian)
  • Rudgar Kohpar, Ataollah & Behzad Razavi Fard. "Asset Sharing: A New Strategy for Cooperation Among Countries Regarding the Recovery of Assets and Proceeds Derived from Crime". Judiciary Legal Journal, 83(106), 2019, 121-141. https://doi.org/10.22106/jlj.2019.104461.2643 (in Persian)
  • Sabouripour, Mehdi & Kimia Kabriti. "The Position of Judicial Policy-Making and the Sixth Development Plan Law". Strategic and Macro Policies, 5(19), 2017, 40-60. (in Persian)
  • Sadeghi, Valiollah & Mohammad Jafar Habibzadeh. "Legal Misalignments with the Policy of Decriminalization in Iran". Strategic and Macro Policies, 8(29), 2019, 67-86. https://doi.org/10.30507/jmsp.2020.102276 (in Persian)
  • Sheikh-Eslaami, Atefeh & Mojgan Nemati. Pathology of the Process of Recovery of Assets Derived from Corruption with Emphasis on the Iranian Legal System. Tehran: Press and Publications Center of the Judiciary, 2020. (in Persian)
  • Shirzad, Omid. "Review of the Position of General Policies of the System in Administrative Proceedings". Strategic and Macro Policies, 4(14), 2016, 169-183. (in Persian)
  • Torki Harchgani, Gholam Abbas, Houshang Shambiyati & Mohsen Rahami. "A Jurisprudential-Legal Study of Financial Corruption in the Light of Legislative Criminal Policy of Iran". Islamic Fiqh and Law Studies, 11(20), 2019, 95-120. https://doi.org/10.22075/feqh.2019.16930.1906 (in Persian)