Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Iran's criminal policy against Unpaid checks

Document Type : Research Article

Authors
Elahe Khaksar 1
Saeideh Yari 2
1 Doctoral student in criminal law and criminology, Faculty of Law, Islamic Azad University, Quds branch. (Corresponding Author)
2 Doctoral student in criminal law and criminology, Faculty of Law, Islamic Azad University, Quds branch.
Abstract
In the Law Amendment Act Issuance of approved check 1397 the role of banks, especially the central bank in prevention of issuance unpaid checks became more active and On the other hand by granting executive-judicial right to bank somewhat of Justice assignments in this regard, it has been reduced. Failure to comply with regulations related to the spot of check, the exporter is responsible guarantee of disciplinary-administrative implementation, civil, Criminal and registration enforcement. The law of issuing checks since criminalization Issuance of unpaid checks has followed various ups and downs discussed rules through criminalization and decriminalization. Legislator in 1372 has adopted a completely repressive approach and then some adjustments in reactive measures considered to be in the amendment law approved in 1397 Preventive measures it on imposed for the issuance of unpaid checks, and regarding response measures, various measures have been considered. Iran's criminal policy following some international recommendations which is proposed in FATF and affected by the law of French which is effective measures have been used in the prevention period. In this research we analyze the systems which they are used existing capacities in electronicizing of necessary information and inquiries which are provided the conditions to prevent and reduce the issuing of unpaid checks. Reactive measures and delegation of some judicial powers are very effective to the bank in speeding up the reaction against this crime.
Keywords
Criminal policy
Issuance of unpaid checks
Electronic bank identification system (SIEB)
Integrated electronic issuance of check cluster (IIEC)
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  • Receive Date 22 July 2022
  • Revise Date 22 August 2022
  • Accept Date 26 August 2022