Analysis of Tax Crimes in the Direct Taxation Law from the Perspective of the Principle of Economic Stability Preservation

Document Type : Scientific research

Authors

• Abolghasem Khodadi ¹
• MohammadHossein Taheri ²

¹ Associate Professor, Department of Law, Shahed University, Tehran, Iran

² Master of Criminal Law and Criminology, Faculty of Law, Shahed University, Tehran, Iran

https://doi.org/10.22067/economlaw.2025.92324.1429

Abstract

1- INTRODUCTION
The tax system, as one of the main pillars of government revenue generation and the realization of economic justice, plays a crucial role in combating tax evasion and related offenses. One of the most effective tools in this regard is the criminalization of tax violations. In Iran, the Direct Taxation Law serves as the primary framework for defining tax-related crimes. However, the criminalization of these offenses has always faced challenges; on the one hand, it can enhance financial transparency, but on the other hand, it may lead to reduced economic security and increased pressure on economic actors. This article examines the principle of economic stability preservation and its impact on the legitimacy and effectiveness of criminalizing tax offenses, while also critically analyzing the proportionality of punishments in relation to the characteristics of the target community.
2- PURPOSE
The main benefit of this research lies in assessing the extent to which tax crimes align with the principle of economic stability preservation, as it can contribute to improving tax policy and enhancing the efficiency of the country's tax system. By examining this alignment, it becomes possible, on the one hand, to identify laws that, through the imposition of strict penalties, may undermine economic security and drive capital flight instead of increasing transparency. On the other hand, it provides a foundation for revising penalties and formulating more balanced tax policies. This research can also assist lawmakers in designing more effective legislation that aligns with the country's economic realities, thereby promoting tax justice and strengthening public trust in the tax system

Keywords

• The principle of economic stability preservation
• principles of criminalization
• tax offenses
• principle of economic security

Main Subjects

• Criminal law and criminology

References

[1]  Abdollahi, H., & Moulabeygi, G. (2022). Tax law with an analytical-applied approach (2nd ed.). Tehran: Jangal Publications. (In Persian).

[2]  Babaki R, Efati M. The Effect of Tax Structure on Economic Growth in Iran. J Tax Res 2022; 30 (54) :29-54. (In Persian). doi: 10.52547/taxjournal.30.54.29

[3] Bentham, J. (1789). An introduction to the principles of morals and legislation. London: Oxford University Press.

[4]   Ebrahimi, Sh.; Sadeghnejad Naeini, M. (2014). A criminological analysis of economic crimes. Journal of Criminal Law Research, 2(5), 147–174. (In Persian).

[5] Hassani, J., Mehra, N. (2015). Critiques on the concept of "economic crimes" in the Islamic penal code of Iran. Criminal law and Criminology Studies, 2. 45-69. (In Persian). doi: JQCLCS-201506-1031 (R1)

[6]     Heydarinejad, Z., Rahmati, F. S., Zahedi Motlagh, H., & Colleagues. (2018). The concerns of people's businesses with the government. Tehran: Hossein Zahedi Motlagh. (In Persian).

[7]     Iran Chamber of Commerce Research Center. (2023b). National monitoring of Iran's business environment (28th period). (In Persian).

[8]   Iran Chamber of Commerce Research Center. (2024c). National monitoring of Iran's business environment (33rd period). (In Persian).

[9]   Jafari, M. (2016). Criminalization in the law of economic activities. Contemporary Comparative Law Studies, Spring & Summer. (7th period).  96. (In Persian).

[10]   Jareborg, N. (2005). Criminalization as last resort (Ultima Ratio). Ohio State Journal of Criminal Law, 2(Spring), 521–534. Guest Editor(s): R. A. Duff.

[11]   Keynes, J. M. (1936). The general theory of employment, interest, and money. Houndmills, Basingstoke, Hampshire; New York: Palgrave Macmillan.

[12]   Majlis Research Center of the Islamic Consultative Assembly. (2023). Strategic report on the principles and rules of tax law interpretation (Report No. 18893).  (In Persian).

[13]   Rafiei, H. (2019). The criminalization model of money laundering and its impact on the economic system in the Iranian legal system and international instruments. Journal of Modern Criminal Law Studies, 159, 111–126.

[14]   Rahmati, F. S., Farkhondeh-Eghbal, M., Zahedi-Motlagh, H., & Colleagues. (2020). The concerns of people's businesses with the Iranian Tax Administration. Tehran: Tina-ye Tehrani. (In Persian).

[15]    Sadeghnejad Naeini, M. (2024). The role of transparency in preventing economic crimes. Encyclopedia of Economic Law, 31(25), 57–79. (In Persian). doi: 10.22067/economlaw.2024.86561.1346

[16]   Tax Gap Reporting Team. (2009, February 5). In the country where tax evasion is no crime, Swiss private banks are unrepentant about siphoning off other governments' income. The Guardian. Retrieved from www.theguardian.com/business/2009/feb/05/tax-gap-avoidance-switzerland