نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Criminalization of indirect benefit from crime means determining punishment or criminal consequences for individuals who indirectly benefit through the illegal activities of others. In other words, indirect benefit from crime refers to a situation in which a person other than the perpetrator of the crime, without having a role in committing it, benefits from the proceeds of criminal acts. Although the legislator tries to punish these beneficiaries by passing laws such as the Anti-Money Laundering Law and the Crime of Acquiring Criminal Property, each of the existing crimes for punishing these individuals has shortcomings that necessitate a review of the relevant laws. Given the importance of this issue, this article analyzes indirect profit from crime in Iranian law with an approach to French law in a descriptive-analytical manner and concludes that the rule of gratuitous possession can be proposed as a tool to guarantee the rights of victims and compensate them for the damages caused to them. Therefore, the current approach of the legislator regarding the widespread criminalization of "indirect profit from crime" not only increases the number of criminals and cases entering the justice system, but most importantly, it leads to the main criminals not being punished. Therefore, it is suggested that the relevant laws be revised.
کلیدواژهها English