Investigating the effect of the personality of white-collar criminals in predicting the differential trial of economic crimes (analyzing the attitude of society's elites)

Document Type : Scientific research

Authors

Sadegh Safari ¹

Abdolreza Javan Jafari Bojnordi ²

Seyed Mahdi Seidzadeh ³

¹ Ph.D Graduate, Department of Criminal Law and Criminology, Faculty of Ferdowsi University of Mashhad, Mashhad, Iran

² Professor, Department of Criminal Law and Criminology, Faculty of Ferdowsi University of Mashhad, Mashhad, Iran

³ Assistant Professor, Department of Criminal Law and Criminology, Ferdowsi University of Mashhad, Mashhad, Iran

https://doi.org/10.22067/economlaw.2023.80189.1242

Abstract

Regarding the handling of economic crimes, special courts to deal with the crimes of those who disrupt the country's economic system were established in a number of provinces in 2017. The rules of proceedings foreseen for these courts are in many cases contrary to the principles and bases of the usual proceedings in the handling of other crimes. It seems that one of the justifications for forming such courts is the character of economic criminals, which challenges the handling of macro-economic cases in normal courts. In this article, the authors examined the attitude of three groups of society's elite regarding the influence of the personality of white-collar criminals in predicting differential proceedings in these courts. 158 law professors, 312 lawyers and 421 judges were selected as a statistical sample using a judgmental method. The questionnaire of this research was designed as a researcher with closed-ended questions inspired by the 5-point Likert scale, and the data was analyzed and tested using SPSS version 22 software (Kruskal-Wallis). The result of the research showed that among the statistical groups, judges were more than other elite groups, they believed in the influence of the personality of economic criminals in predicting the differential trial of economic crimes.

Keywords

Disruption in the economic system

crimes of nobles

economic crimes

differential proceedings

white collar criminals

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©2023 The author(s). This is an open access article distributed under Creative Commons Attribution 4.0 International License (CC BY 4.0)

References

•  

  References

  • Ahmadi, Mohammad Aref. (2017). Fair Trial. Tehran: Mizan Publishing. (In Persian).
  • Ackerman, Susan Rose. (2006). Corruption and government: causes, consequences and reform. Translated by Manouchehr Sabouri, first edition, Tehran: Pardis Danesh Publishing. (In Persian).
  • Bagherinejad, Zaiynab. (2015). Principles of criminal procedure. First edition, Tehran: Khorsandi Publications. (In Persian).
  • Benson, Michael L; Simpson, Sally S. (2012). White collar crimes are an opportunistic approach. Translated by Esmail Rahiminejad, first edition, Tehran: Mizan Publishing. (In Persian).
  • Bahremand, Hamid. (2019). Corruption. In: Encyclopaedia of Economic Criminal Sciences, edited by Amir Hasan Niazpour, second edition, Tehran: Mizan Publishing. (In Persian).
  • Bahremand, Hamid. (2018). Economic crime in Iranian law: from definition to answers. In: Collection of National Selected Papers of Iran's Criminal Policy Conference on Economic Crimes, by Amir Hassan Niazpour, first edition, Tehran: Mizan Publishing. (In Persian).
  • Pakniyat, Mostafa. (2014). Differentiation of criminal procedure; Foundations and works. Doctoral thesis, criminal law and criminology, Faculty of Law, Shahid Beheshti University. (In Persian).
  • Saffari Khozani, Hamid. (2011). The position of specialized authorities in the evolution of the criminal justice system of the Islamic Republic of Iran. Master's thesis in Criminal Law and Criminology, Faculty of Law and Islamic Studies, Imam Sadigh University. (In Persian).
  • Pakniyat, Mostafa. (2017). Differentiation of criminal proceedings, Tehran: Mizan Publications. (In Persian).
  • Tadayon, Abbas; Bagherinejad, Zaiynab. (2019). Principles governing economic criminal proceedings. In: Encyclopaedia of Economic Criminal Sciences, edited by Amir Hasan Niazpour, second edition, Tehran: Mizan Publishing. (In Persian).
  • Hatmi, Iman. (2021). Economic crimes in Iran, First edition, Tehran: Jungle Publications. (In Persian).
  • Khezri, Mohammad. (2005). Rent-seeking economy, First edition, Tehran: Publications of Management and Planning Organization. (In Persian).
  • Rizvani, Seyed Jalil. (2020). Economic crimes, first edition, Mashhad: Avai Hekmat Publications. (In Persian).
  • Zeraat, Abbas. (2012). Economic criminal law, Tehran: Jungle Publications . (In Persian).
  • Dadgaran, Seyed Mohammad. (2012). Public opinion and its measurement criteria, 9th edition, Tehran: Marwarid Publications. (In Persian).
  • Saki, Mohammad Reza. (2017). Economic criminal law. 4th edition, Tehran, Jangal Javadane Publications. (In Persian).
  • Salimi, Ali and Davari, Mohammad. (2012). Sociology of Kejrovi, 5th edition, Tehran: Hozha and University Research Press. (In Persian).
  • Siah Bedi Kermanshahi, Saeed; Rahimi Niyat, Iman; Malekzadeh Roudbane, Reyhane. (2018). Economic criminal law, Tehran: Jungle Javadane Publications. (In Persian).
  • Shaiker, David. (2014). The concept and nature of punishment, Translated by Hossein Aghaei Jannet Makan, second edition, Tehran: Jangal Publications, Javadane. (In Persian).
  • Sadeghi, Mohsen. (2005). Legal principles and its place in subject law, first edition, Tehran: Mizan publication. (In Persian).
  • Sadri, Ahmed (2011). Max Weber's Sociology of Intellectuals, Translated by Hasan Abaniki. Second edition, Tehran: Kavir Publications. (In Persian).
  • Ghourchibaigi, Majid. (2018). Responding to economic crimes: from criminal strategies to economic regulatory rights. In: Collection of National Selected Papers of Iran's Criminal Policy Conference on Economic Crimes, by Amir Hassan Niazpour, first edition, Tehran: Mizan Publishing. (In Persian).
  • Ghourchibaigi, Majid. (2019). White collar crimes. In: Encyclopaedia of Economic Criminal Sciences, edited by Amir Hasan Niazpour, second edition, Tehran: Mizan Publishing. (In Persian).
  • Kabiri, Sohail; Shafii Khorshidi, Ali Asghar. (2018). Disruption in the economic system of the country, First edition, Tehran: Majd Publications . (In Persian).
  • Gassen, Raymond. (2014). Criminology of economic crime (general theory of fraud), Translated by Shahram Ebrahimi. Third edition, Tehran: Mizan Publishing. (In Persian).
  • Laki, Zaiynab. (2019). Special judicial complex for economic crimes. In: Encyclopaedia of Economic Criminal Sciences, edited by Amir Hasan Niazpour, second edition, Tehran: Mizan Publishing. (In Persian).
  • Mohseni, Farid. (2019). Economic crime. In: Encyclopaedia of Economic Criminal Sciences, edited by Amir Hasan Niazpour, second edition, Tehran: Mizan Publishing. (In Persian).
  • Mohseni, Manouchehr. (2011). Sociology of social deviations, Second edition, Tehran: Tahori Publications . (In Persian).
  • Mahdavipour, Azam. (2016). Differential criminal policy in the realm of economic crime, Second edition, Tehran: Mizan publication. (In Persian).
  • Muezzin Zadegan, Hassan Ali. (2019). Publication of the sentence of economic convicts. In: Encyclopaedia of Economic Criminal Sciences, edited by Amir Hasan Niazpour, second edition, Tehran: Mizan Publishing. (In Persian).
  • Mirkhalili, Seyed Mahmoud; Hassani, Jalaluddin. (2019). Red collar crimes. In: Encyclopaedia of Economic Criminal Sciences, edited by Amir Hasan Niazpour, second edition, Tehran: Mizan Publishing. (In Persian).
  • Nazari, Hamed. (2018). Sociology of punishment, First edition, Tehran: Aron Publications. (In Persian).
  • Noorzad, Mojtaba. (2010). Economic crimes in Iranian criminal law, First edition, Tehran: Jangul Javdaneh Publications. (In Persian).
  • Niazpour, Amirhasan. (2013). Agreement on criminal procedure, Second edition, Tehran: Mizan Publishing. (In Persian).
  • Niazpour, Amirhasan. (2019). Economic criminal procedure, First edition, Tehran: Mizan Publishing. (In Persian).
  • Varvaei, Akbar; Hariri, Mehdi. (2016). A fair and just trial, First edition, Tehran: Ariyadad Publishing. (In Persian).
  • Ebrahimi, Shahram; Sadegh Nejad Naini, Majid. (2013). Criminological analysis of economic crimes. Journal of Criminal Law Research, 2(5),147-174. (In Persian).
  • Omedi, Jalil; Atofat, Hosseinali. (2015). “Public execution of punishment: justifications and consequences”, journal of criminal law and criminology studies, 2(4-5), 213-236. (In Persian).
  • Omedi, Jalil; Nakoi, Samia. (2008). “Definition and basics of public criminal proceedings”, journal of humanities teacher, 12(3), 23-37. (In Persian).
  • Azarbaijani, Alireza. (2010). “Analysis of the methods and bases of reference to laws and sharia in the prosecutor's office and special courts of the clergy”, Journal of Private Law Quarterly, 7(17), 59-78. (In Persian).
  • Pourhosseini, Mohammadjavad; Qureshi, Seyyed Mehdi and Javadi, Mohammad Hassan. (2017). “Examining the public execution of punishments from the perspective of criminology and the opinions of jurists”, Journal of Islamic Law Research, 18(1), 159-184. (In Persian).
  • Tavajohi, Abdolali; Dehghani, Ali. (2013). “In the controversy of securityism and fair trial standards”, Journal of Criminal Law Research, 2(3),7-34. (In Persian).
  • Janston, Jery. (2011). “Penal policy: elitist, populist or participatory”, Translated by Behrooz Javanmard, Excellence in Law Journal, (11), 73-104. (In Persian).
  • Javanjafari, Abdolreza; Sadati, Seyed Mohammadjavad. (2015). ” The concept of power in criminal sociology”, Journal of Criminal Law Research, 3(11),9-38. (In Persian).
  • Hassani, Jaffar; Mehra, Nasrin. (2015). “A critique on the concept of "economic crime" in the Islamic Penal Code approved in 2012”, Journal of criminal law and criminology studies, 2(2-3), 45-69. (In Persian).
  • Darroudi, Ali. (2001). “Examining Iran's current policy towards consumer protection and competition”, Research Center of the Ministry of Commerce. (In Persian).
  • Rahmanian, Hamed; Habibzadeh, Mohammadjafar. (2013). “Criminal instrumentalism: scope, concept, indicators”, Journal of Criminal Law Research, 2(5), 47-71. (In Persian).
  • Shams Nateri, Mohammadebrahim; Tavasolizadeh, Touran. (2011). “State prevention of economic crimes”, Journal of Faculty of Law and Political Sciences, 41(4), 199-217. (In Persian).
  • Abbasi, Nikzad; Varvaei, Akbar. (2018). “Investigating and criticizing the effects of the emergence of differential proceedings for delinquent children and juveniles in the Criminal Procedure Law approved in 2012”, journal of Social Order Research, 10(4), 171-190. (In Persian).
  • Attarnia, Hamed; Goldoust Jouibari, Rajab and Ardebili, Mohammadali. (2017). “Analysis and criticism of the differential nature of military proceedings”, Iranian and international legal research, 10(37), 205-240. (In Persian).
  • Komaijani, Aliakbar. (1994). “The first program and portfolio of large projects”, Magazine and research publication, 9(2), 135-155. (In Persian).
  • Koosha, Jaffar. (2001). “Interpretations of economic criminal law” Master course of Mashhad Razavi University of Sciences, second semester. (In Persian).
  • Moghimi, Mahdi. (2017). Legal-criminological study of economic crimes (with emphasis on national and transnational prevention strategies). journal of police knowledge research, 19, 69-93. (In Persian).
  • Moghadasi, Mohammadbagher; Farajiha, Mohammad. (2013). “Features of populist criminal policies; Comparative study”, Journal of Comparative Law Studies, 4(2), 137-155. (In Persian).
  • Mirkamali, seyed Alireza; Hossaini, Ensiah. (2016). “Children's differential proceedings in the criminal procedure law of 2012”, Journal of Criminal Law Research, 7(2), 245-272. (In Persian).