The Crime of Proceeds of front Running in Exchanges: An Obstacle for Efficiency of Capital Market

Document Type : Scientific research

Authors

• Mehdi Chegni,
• Younes Nademi,
• Ahmad Mousavi,
• Mohammad Mehdi hasemi Kia,

https://doi.org/10.22067/lowecon.2022.41776

Abstract

Due to the increasing expansion of the capital market and the constant supply of shares of various companies in it and the double desire of citizens to enter this market, the sensitivity and importance of the stock market doubles, given that economic security is one of The most important infrastructure of domestic and foreign investment is the protection and provision of health and security of information related to capital market companies. It is very important and significant that the legislators of the capital market economic environment in most countries that are active and leading in this field by criminalizing disciplinary behavior. The dominance of the capital market hinders actions that undermine market efficiency and the trust of capital market actors, which is the cornerstone of transactions. One of these behaviors is to anticipate trading in this market. Therefore, it should be noted that the punishment for this crime should be determined in such a way that it causes a deterrent to a high degree. Access to undisclosed information in the capital market by some brokers in this market is inevitable, if the persons who have access to this information due to working conditions and are obliged to maintain and not use this information until the public release of this information, to It is a premeditated crime in capital market transactions to take advantage of oneself or another in order to make a profit or avoid a loss. In this article, a descriptive-analytical method was used to examine "advance in transactions" along with the analysis of the constituent elements and the conditions for committing this crime in a comparative manner. Considering the importance of security in the stock market and considering the current economic conditions of the country and related sensitivities and the impact of these conditions on changing the nature of premeditated crime in capital market transactions and consequently its punishment in some cases, The legal and criminal enforcement of this crime was examined in accordance with other criminal laws and the degree of deterrence of the penalties provided for it.
 

Keywords

• Front Running
• Stock Exchange
• Trades
• Efficiency Market
• Disruption to the Economic System
• Criminalization

 

References

•  

  • Dadgar, Y. (2007). A review of developments in the field of efficiency in the economic literature (theories and applications). Law and Politics Research, 23, 103-142. (In Persian)
  • Disruptive punishment law in the country's economic system adopted in 1990. (In Persian)
  • E. F. (1970), Efficiance Capital Market: A Review of Theory and Emperial Work, the Journal of Finance, Vol 2, PP. 383-417.
  • Fattahi, S., Ahmadi, A., Torkaman Ahmadi, M. (2012). Analysis of the Random Walk Hypothesis in Tehran Stock Exchange using Variance Ratio Test. Accounting and Auditing Review, 19(3), 79-98. doi: 10.22059/acctgrev.2012.73239 (In Persian)
  • Islamic Penal Code approved in 2013. (In Persian)
  • Katouzian, N. (1998), Philosophy of Law, Vol. III (Logic of Rights), Public Joint Stock Company, First Edition. (In Persian)
  • Legislative Decree No. 58 of 24 February 1998 Consolidated Law on Finance Pursuant to Articles 8 and 21 of Law No. 52 of 6 February 1996. (In Persian)
  • Manchikatla, A.K. and Acharya, R.H. (2017), Insider trading in India – regulatory enforcement, Journal of Financial Crime, Vol. 24 No. 1, pp. 48-55. https://doi.org/10.1108/JFC-12-2015-0075
  • Mirzai Monfared, Gh. (2013). Analysis of the crime of misuse of secret information in the securities market, the teachings of criminal law: 10(5), 211-240. (In Persian)
  • Mohammadi, A. (1999). Fundamentals of Inference of Islamic Law, Institute of Publishing and Printing, University of Tehran. (In Persian)
  • Nademi, Y., & Salem, A. (2016). An investigation of the hypothesis of weak form of efficiency in two regimes of high & poor volatility in Tehran stock exchange. Journal of Economic Research and Policies, 24 (77): 139-162. (In Persian)
  • Obaidullah, M. (2002), Ethics and Efficiency in Islamic Stock Market, International Journal of Islamic Financial services, 3: 1-10.
  • Rules and Regulations of the Securities Market (2012). Securities and Exchange Organization, Tehran: Stock Exchange. (In Persian)
  • Samadi, S., Nasrollahi, Z., & Zahedmehr, A. (2007). Efficiency Testing and Price Bubble Existence in Tehran Stock Exchange Using Filter Rule and CAPM Model. Eghteseda-e-Meghdari, 4(4), 91-114. (In Persian)
  • Shabani, M. (2016). Investigation of the Legal Status of Transactions Based on Inverted Information in the Stock Exchange, Tehran Stock Exchange, 32, 115-131. (In Persian)
  • Shahidi, M (2019). Forex Trading, Stock Exchange, No. 4354, Newsletter: 3402525. (In Persian)
  • Sharifi, A. (2004). Comparative Study of Legal Aspects of Transactions in the Stock Market by Using Confidential Information, Journal of Legal Research, No. 6. (In Persian)
  • Singapore Securities and Futures Act (CAP.289) (2005), Guidelines on the Egulation of Markets (SFA).
  • Skjeltorp, J.A. (2000), "Scaling in the Norwegian Stock Market", Physica A, 283: 486-528.
  • The Code of Criminal Procedure was approved in 2013. (In Persian)
  • Timmermann, A. and Clive W.J. Granger (2004), "Efficient Market Hypothesis and Forecasting", International Journal of Forecasting, 20: 15– 27.