A conceptual review of differential adjudication, economic crimes, their characteristics, and the feasibility of using differential adjudication for these crimes
Abstract
The founder of the Islamic Republic of Iran, Imam Khomeini (RA), from the onset of the Islamic Revolution, regarded one of the most important duties of the Islamic government as addressing the livelihood and economy of the people. He emphasized the protection of the economic rights of the people and confronting disruptors of this sphere, a perspective rooted in his jurisprudential ideas. Disruption in the country’s economic system has numerous negative consequences on the social and economic structures. Therefore, examining the specific characteristics of economic crimes and the adjudicatory system governing these courts is of great importance.
In this article you read about:
- Conceptualizing Differential Adjudication
Differential adjudication refers to the differentiation in the legal process based on various factors. It can be examined from three perspectives:
- Perpetrator’s identity: Legal processes may differ depending on the offender’s personality, such as juveniles (protective) or high-risk criminals and military personnel (stricter).
- Type of crime: Special procedures apply to specific crimes like cybercrimes or terrorism due to their technical or dangerous nature.
- Victimology: The legal process can also differ depending on the victim, with an emphasis on fair treatment of the victim and sometimes reducing the punishment for the offender due to victim-related fault.
- Economic Crimes and Their Characteristics
Economic crimes are modern offenses that are constantly evolving, making them difficult to define comprehensively. Key characteristics of these crimes include being organized, having low detection rates, being economically motivated, involving organizations, and disrupting the economic system on a large scale. Any act that intentionally disrupts the economy and meets these characteristics can be considered an economic crime. Legal scholars have not yet fully defined these crimes, and the best way to identify them is through their defining features.
- Capacities and Limitations of Shi’a Jurisprudence (Imamiyya) in Dealing with Economic Crimes
- Strategies for the diversification of criminal procedure: reverting to civil remedies instead of criminal ones, and adopting alternatives to public prosecution.
This study was conducted at Tabaar Think Tank by MohammadMehdi Alizadeh Moghadam in 2022.
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