Journal of Legal Research

Journal of Legal Research

The Challenges of Returning Property and Assets Caused by Corruption in Iran's Legal System

Document Type : Original Article

Authors
Sayyed Vahid Kazemi 1
Mohammad Rouhani Moghadam 2
Asal Azimian 3
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, The Legal Research and Judicial Assistance Center, Shahrood Branch, Islamic Azad University, Shahrood, Iran.
10.48300/jlr.2023.401637.2362
Abstract
Basically, the main topic of the United Nations Convention against Corruption (UNCAC) is the fifth chapter, asset recovery. This chapter has been one of the most important emphases of developing countries, including the central role of our country in the negotiations related to the formation of the convention in Merida, Mexico. Therefore, corruption is one of the issues that have been given serious attention at different regional, national and international levels. By examining the documents and documents available in the judicial policies, it is possible to understand the policies and programs that try to prevent and deal with this big social problem from various dimensions. In this article, using the descriptive, analytical, and library-based method, the challenges of returning property due to corruption in Iran's legal system have been investigated. In this regard, the first priority of the international anti-corruption conventions and centers is that different countries around the world organize their laws by joining and applying the guidelines of these centers in the field of preventing and fighting corruption. In this way, efforts have been made at international levels to organize the fight against corruption in a more favorable way by taking concerted measures. Also, at the national level, the actions of the judicial and legal institutions of the system, such as strengthening cooperation to fight and follow up on corruption, presenting a report on the state of corruption at the national level, etc. have been effective in the field of fighting corruption. Finally, according to the nature and position of these policies, the hypothesis of the research, which is the ability to refer to the policies of the legal system, has been confirmed and it has been explained that the necessity of returning property, property and illegitimate assets is one of the basic principles in Iran's legal system. One of the evidences of the rationality of this rule is the acceptance of its provisions in many legal systems of the world.
Keywords
Corruption
Return of Property
UNCAC
Legal System
Iran
- Abbasi, Asghar; "The economic criminal law of money laundering; Combating money laundering in international documents in Iran's legal system", 2013 (1), 425. (in Persian).
- Bakshlo, Reza, Tahannazeef, Hadi; "Possibilities of referring to the general policies of the system in the Court of Administrative Justice". Strategic and macro policies, 8(31) (2019), 576-597. doi: 10. 30507/jmsp. 2020. 106236. (in Persian).
- Elahi Manesh, Mohammad Reza and Barzegari Dehaj, Hamid. "Policies to prevent corruption in the field of government transactions". Scientific Quarterly of Modern Administrative Law Research, 4(10)(1401), 149-176. doi: 10. 22034/mral. 2021. 539002. 1189.(in Persian).
- Faiz, Zahra and Masjidsarai, Hamid; "The application of prohibition of corruption in the interpretation of laws", Quarterly Journal of Islamic Jurisprudence and Law Studies, 7(12) (2014), 245-276. doi: 10. 22075/feqh. 2017. 1936. (in Persian).
- Ghamami, Seyyed Mohammad; "Constitutional Law of the Islamic Republic of Iran", Tehran: Center for Documents of the Islamic Revolution, (2000). (in Persian).
- Guilherme France, Sara Brimbeuf. Non-conviction-based confiscation as an alternative tool to asset recovery,Transparency International France and Matthew Jenkins,Transparency International,Date: 26 January 2022.
- Haji Ali Khamsa, Muhammad; "A suitable model of the legal system for the country's macro-policies, the constitution of the Islamic Republic of Iran", doctoral dissertation in public law, University of Tehran, Tehran, (2017). (in Persian).
- Hosseini, Seyyed Am al-Binin and Tafarshi, Isa; "Redefining the concept of restitution of illegitimate property and assets in the legal system of England and Iran", Journal of Comparative Law Research, 4 (2017), 84. (in Persian).
- Mehrpour, Hossein, Arasta, Mohammad, Amirarjamand, Ali, Zarei, Mohammad, and Hashemi, Mehdi; "Conference on the Legal Status of Micropolicies", Strategy, 20(2013), 405-175. From: http: //rahbord. csr. ir/Article/139410051621385001522. (in Persian).
- Mohaghegh Damad, Mustafa; "Education of Illegal Property" Islamic Publications, (2019). (in Persian).
- Moin, Mohammad; "Persian Culture", Islamia Publications, 1975. (in Persian).
- Rasakh, Mohammad; "Monitoring and balance in the constitutional rights system", 1998 (1), Tehran: Darak Publishing. (in Persian).
- Razavi Fard, Behza D; "Organized crime, encyclopedia of criminal sciences", 2016 (1), 68. (in Persian).
- Sabouripour, Mehdi and Kobriti, Kimia. "Position of judicial policy and law of the 6th development plan". Strategic and macro policies, 5(19) (2016), 40-60. (in Persian).
- Sadeghi, Walioleh, Habibzadeh, Mohammad Jaafar; "Legal inconsistencies with decriminalization policy in Iran". Strategic and macro policies, 8(29) (2018), 67-86. doi: 10. 30507/jmsp. 2020. 102276. (in Persian).
- Shirzad, Omid; "Examining the position of general policies of the system in administrative proceedings". Strategic and macro policies, 4(14)(2015), 169-183. (in Persian).
- Theodore S. Greenberg, Linda M. Samuel, Wingate Grant, Larissa Gray. Stolen Asset RecoveryA Good Practices Guide for Non-Conviction Based Asset Forfeiture, The International Bank for Reconstruction and Development / The World Bank. 2009. (in English).
- Turki Harchgani, Gholam Abbas, Shambiati Houshang and Rahami, Mohsen. Jurisprudential investigation of financial corruption in the mirror of Iran's legislative criminal policy. Quarterly Journal of Islamic Jurisprudence and Law Studies, 11(20) (2018), 120-95. doi: 10. 22075/feqh. 2019. 16930. 1906. (in Persian).
- United Nations Office on Drugs and Crime. "Legislative Guidelines for the Implementation of the United Nations Convention to Fight Corruption" (translation by Behermand Bag Nazar, Hamid), 1997 (1), 56. (in English).
- UNODC . Good practices for identifying victims of corruption and parameters for their compensation, Open-ended Intergovernmental Working Group on Asset Recovery,Vienna, Item 4(b) of the provisional agenda.25-26 August 2016. (in English).
Journal of Legal Research
Volume 23, Issue 59
Autumn 2024
Pages 307-346