Foundations of Supportive Criminality In The Law on the Implementation of General Principles of Article 44 of the Constitution

Document Type : Research Paper

Authors

1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University

2 Phd Student in Criminal Law and Criminology, Department of Law, Science and Research Branch, Islamic Azad University, Tehran, Iran

3 Phd student in Criminal Law and Criminology, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.

Abstract

with the adoption of Chapter 9 of the law on the implementation of general principles of principle 44 of the constitution, it seems the legislature has increasingly sought to support market participants and support new values and norms by using the tools of criminalization and influenced by dual principles of “loss" and "legal morality". the present study was conducted with the aim of analyzing the bases of criminologies carried out in the above law in a descriptive-analytical manner and it seeks to answer the question, what are the principles supported by the legislator in criminalizing acts and procedures that are harmful to competition in the law? the results indicate this protectional criminalization is based on various principles such as guaranteeing fair trial, protecting the commercial and professional reputation of persons and protecting their informational privacy. despite the legislator's primary effort in carrying out the supportive duty, this mission has been carried out in a vague and imperfect manner that, in addition to interfering with other similar criminal offenses, has the potential to violate the legislature and restrict the rights of individuals. in addition, in economic activities, the mere use of criminal means, if necessary, was not sufficient and will not be able to overcome structural problems such as lack of operational transparency in various economic sectors of the country singly.

Keywords

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