Document Type : Research Paper
Authors
1
PhD student, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran. (Corresponding Author)
2
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
3
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.
10.22099/jls.2026.55839.5493
Abstract
In recent years, the unregulated foreign exchange market has become one of the most significant economic and security challenges in Iran. Despite the adoption of multiple regulations to organize this market, a considerable portion of currency transactions still occurs within the shadow economy, making it difficult to control exchange rates in the official market. This situation highlights the necessity of rethinking the criminal policy governing the foreign exchange sector.
This study, using a descriptive–analytical method, examines the structural, institutional, and legislative challenges of Iran’s criminal policy in managing the unregulated foreign exchange market and proposes a conceptual model to enhance its effectiveness in controlling currency-related crimes. The findings indicate that the existing problem is not merely due to legal gaps or weak enforcement but stems from a lack of coordination among economic policymaking, institutional regulation, and penal intervention. The predominance of a repressive approach, combined with price gaps and conflicting policy signals, has reinforced criminogenic conditions and expanded the informal market.
Accordingly, the study proposes an “Integrated Conceptual Model of Criminal Policy in the Foreign Exchange Market,” based on three pillars: reforming economic structures that generate deviant incentives, strengthening coordinated and data-driven regulation, and implementing targeted and minimal penal intervention. Within this framework, criminal responses complement the regulatory system, and by reducing structural rents and enhancing intelligent detection, the effectiveness of criminal policy in stabilizing the official market is increased.
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