The role of transparency in preventing economic crimes

Document Type : Scientific research

Author

Majid Sadeghnejad Naeini

Associate Professor, Department of Law, University of Hakim Sabzevari, Sabzevar, Iran

https://doi.org/10.22067/economlaw.2024.86561.1346

Abstract

One of the most important ways to prevent economic crimes is to make the economic system transparent
and to institutionalize the issue of transparency. There have been many and varied definitions of transparency,
which is the result of the taste, understanding and expertise of the providers of the definitions. Because
transparency has been considered in various political, economic and administrative matters by researchers, and
each of these scientists has defined this principle based on their expertise and field of study. Transparency in this
article means economic and financial transparency in its different dimensions. As one of the most important issues
in the world's economic environment is the transparency of information. Assets and information of people,
companies, capitalists, statesmen, various economic actors, including merchants and manufacturers, information
on land and housing, domestic production, and the amount and items of import and export are all at the disposal
of governments. With this information, governments are able to plan economically and control the economy, or
in the other word govern. The principle of transparency plays a key and fundamental role in the prevention of
economic crimes, and in fact, it is one of the examples of situational and postural preventive measures that cause
the grounds for committing crimes to disappear or decrease

Keywords

The principle of transparency

economic crimes

Iran'

s economic system

state prevention

corporate crime

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©2024 The author(s). This is an open access article distributed under Creative Commons Attribution 4.0 International License (CC BY 4.0)

References

•  

   

  Referenses:

   

  • Ebrahimi, shahram, sadeghnejadnaeini, majid, Criminological Analysis of Economic Crimes, Criminal Law Research , Volume 2, Number5, pp. 147-174
  • Bagheri, mahtab, The Position of Principle of Transparency in World Trade Organization, Dissertation Master of International Trade Law, Faculty of Law, Shahid Beheshti University, 2012.
  • Pope, Jeremy, "Parliament and Anti-Corruption Legislation", in Rick Stapenhurst, Niall Johnston and Riccardo Pelizzo (eds.), The Role of Parliament in Curbing Corruption, World Bank Institute, 2006, pp. 51-67, Translation by Masoud Faryadi, Majles and Research magazine, Number 52, 2006.
  • Jafari, Amin, the position of commercial transparency in economic criminal law in France, Criminal science updates (collection of articles), under the supervision of: Dr. Ali Hossein Najafi Abrandabadi, Mizan Publications, first edition, March 2009.
  • Jalali farahani, amirhossein, Situational Prevention of Cybercrimes in the Light of Human Rights' Standards, Fiqh and Law Quarterly, Number 4, 2005.
  • Hasani, jafar, mehra, nasrin, Critiques on the concept of \"economic crimes\" in the Islamic penal code of Iran (1392), Criminal Law and Criminology Studies, Volume 2, Number 2-3, july 2015.
  • Hoseini, valiollah, free access to information; A comparative study of the legal systems of Iran and the European Union, doctoral dissertation in public law, Faculty of Law, Shahid Beheshti University, 2013.
  • good governance; Development Foundation, Islamic Council Research Center, first edition, 2004.
  • Daneshnari, Hamidreza, Prevention of corporate crime in light of organizational culture management model, The Quarterly Journal of Judicial Law Views, Volume 27, Issue 98 - Serial Number 98, August 2022.
  • Daneshnari, Hamidreza, Ghapanchi, Hesam, Moosavi, Nahid, financial corporate crime: from typology to criminology, Encyclopedia of Economics Law journal , Volume 21, Issue 6 - Serial Number 6, February 2015.
  • Paati Afusu, Amah, Raj Soper Amanin, Kishore A., Parti, Legal Frameworks for Combating Corruption (Financial), Translated by Ahmad Ranjbar, Political Studies Office of Islamic Council Research Center, , first edition, 2004.
  • Dalirpoor, Parviz, Electronic government and the fight against corruption, the knowledge assessment quarterly of the National Inspection Organization, the first year, volume 2, 2018.
  • Rahiminejad, Esmaeil, Criminology, Forozesh Publishing, 6th edition, year 2022.
  • Zareii, Mohammadhosein, Popularization process, accountability and government management, Qom Higher Education Complex Magazine, third year, volume 9, spring and summer 2019.
  • Sarikhani, Adel, Sarab, Rohollah, Preventive Functions of Transparency in Criminal Policy, Legal Journal of Justice, Volume 77, Issue 82 - Serial Number 82, June 2013.
  • Simpson, Sally and Benson, Michael, White Collar Crime; An opportunity-oriented approach, translated by Esmail Rahimi-nejad, Mizan Publications, first edition, fall 2011.
  • Sheikh Hor Aamili, Muhammad bin Hasan, Farabi, Muhammad Ali and Abbasi Ali Kamar, Yasoob, social etiquette from the point of view of the innocents (AS) (translation of Wasal al-Shia), 1 volume, Astan Quds Razavi, Islamic Research Foundation, Mashhad, 5th edition, March 2001.
  • Sadeghnejadnaeini, Majid, Criminology of bcorporate crimes, Judiciary Press and Publications Center, first edition, 2021.
  • Sadeghnejadnaeini, Majid, Criminological study of private legal entities: from etiology to prevention, A thesis Submitted to the Graduate Studies Office in Partial Fulfillment of the requirements for the degree of PH.D in: Criminal Law and Criminology, Faculty of Law Shahid Beheshti University, August 2014.
  • Sadeghnejadnaeini, Majid, Najafiabrandabadi, Alihosein, General Theory of Pressure and Corporate Crimes, Legal Research Magazine, Special Issue No. 13, Faculty of Law, Shahid Beheshti University, Summer 2013.
  • Markaze malmiri, Ahmad, Rule of Law, Publications of Islamic Council Research Center, first edition, 2006.
  • Motamednejad, Kazem, The evaluation of law foundation of media freedom in local regional and international backgrounds, Public Law Research, Volume 13, Issue 35, January 2011.
  • Maham, Keyhan, Pouriyanasab, Amir, Transparency and disclosure in the financial statements of Islamic financial institutions, Stock Exchange Magazine, Number. 49, 2014.
  • Moosavimojab, Doraid, White Collar's crimes according to the Religious Teachings, Jurisprudence and Law Magazine, 6th year, number 22, autumn 2018.
  • Naemeh, Hassan, Transparency and Anti-Corruption, Special Issue of Legal Research Journal, Legal Researchquarterly, Number 4, 2001.
  • Najafiabrandabadi, Alihossein, Criminal Sociology, edited in February 2011, available in: Lawtest.ir.
  • Novbakht, Zahra, Evaluation of information transparency of companies in Tehran Stock Exchange, Stock Exchange Magazine, Number 54 and 55, 2015.
  • Nahj-ul-Balagha, translated by Mohammad Dashti, Al-Hadi Publications, 2010.
  • Walklate, Sandra, Understanding criminology, Translated by Hamid Reza Malek Mohammadi, Mizan Publishing House, first edition, winter 2016.
  • White, R. D. (Robert Douglas), Crime and criminology:an introduction, 2nd ed, Translated by Mir Ruhollah Sediq Bathai, original, published by Judge, third edition, summer 2019.
  • Hashemi, Seyyed Mohammad and Hosseini, Wali Allah, The Forgotten Right: The Right to Free Access to Information, Legal Research Magazine, Special Issue Number 12, 2013.
  • Yazdani Zenouz, Hormuz, examining the role of transparency in achieving good governance, human rights master's thesis, Shahid Beheshti University School of Law, 2014.
  • Yazdani Zenouz, Hormuz,The Role of Transparency in Achieving Good Governance, quarterly of public law, second year, number 5, summer 2018.
  • Rahmani Fazli, Abdol Reza, the country's income and expenditure are not clear, Tabnak Analytical News Database, Available at: Tabnak.ir.
  • Raghofer's interview with Analytical Energy News (Naftna) under the title: "Sanctions circumvention became an excuse for corruption and secrecy", January 20, 2013, Available at: http://naftna.net/ir/interviews.
  • Blacks Law Dictionary, 8^th ed, 2004, P. 4675.
  • Toward Transparency in finance and governance, The World Bank Draft, 1999, available at: http://elibrary.worldbank.org/doi/abs/10.1093/wbro/16.1.41?journalCode=wbro
  • Marella Buckley, Anyi Corruption Initiatives and human Rights: The Potentials, in: Human Rights and Good governance,Edited by: Hans-Otto, Sano and Gudmundur, Alfredson, Martinus Nijhoff Publishers (London and Newyork),2002, P. 179.
  • Vishwanath T. and D. Kaufmann, Towards Transparency in Finance and Governance, World Bank, DRAFT, SEPTEMBER 6TH, 1999, available at:

  http://web.worldbank.org/WBSITE/EXTERNAL/WBI/EXTWBIGOVANTCOR/

  • Lodge, Martin, Accountability and transparency in regulation: Critiques, doctrines and instruments, In: The Politics of Regulation(Institutions and regulatory reforms for the age of governance),Published by: Edward Elgar Publishing Limited, 2004, P.124
  • The IMF Fiscal Transparency Code: A Potentially Powerful New Anti-Corruption Tool Paper prepared for Workshop on “Public Sector Financial Transparency and Accountability: The Emerging Global Architecture and Case Studies.” 29 th International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa I, P.6
  • Accountability and transparency, 2007, P.1, available at: http://www.iisd.org/trade/policy/transparency.asp.
  • Toward Transparency in finance and governance, The World Bank Draft, 1999, available at: http://elibrary.worldbank.org/doi/abs/10.1093/wbro/16.1.41?journalCode=wbro

  http://www.transparency.org/country#IRN

  • Vishwanath T. and D. Kaufmann, Towards Transparency in Finance and Governance, World Bank, DRAFT, SEPTEMBER 6TH, 1999, available at:

  http://web.worldbank.org/WBSITE/EXTERNAL/WBI/EXTWBIGOVANTCOR/

  • Lodge, Martin, Accountability and transparency in regulation: Critiques, doctrines and instruments, In: The Politics of Regulation(Institutions and regulatory reforms for the age of governance),Published by: Edward Elgar Publishing Limited, 2004, P.124
  • The IMF Fiscal Transparency Code: A Potentially Powerful New Anti-Corruption Tool Paper prepared for Workshop on “Public Sector Financial Transparency and Accountability: The Emerging Global Architecture and Case Studies.” 29 th International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa I, P.6
  • Hellstrom, John, Increasing Transparency and Fighting Corruption Through ICT: Empowering People and Communities, University of Stockholm Review, available at: http://www.scribd.com/doc, P.5
  • Ida Elisabeth Koch, good governance and implementation of social and cultural rights, P.90