What is the criterion for distinguishing the disruption of the country's economic system?

According to the Mehr News Agency, the Judiciary's Legal Department responded to a question about how to distinguish the country's economic system. The text answers to the question as follows:

Question:

First of all, what does the word “country” in the law of violators in the economic system of the country? Can the creation of economic irregularities in a neighborhood or region or province be the case or is the word “country” in this law?

Secondly, what is the criterion for recognizing that the action has led to disruption to the “country” economic system?

Thirdly, what is the criterion for the recognition of the “major and non -major” identification of Article 1 of the Penal Code in the Economic System of the State? Could the inquiry from the central bank that the sums of more than three (three trillion) are major and less non -major are the criteria for the action and action of the courts?

Fourthly, in accordance with Note 2 of Article 2 of this Law, “… also the executions and pests of financial and deprivation and permanent dismissal of government services and institutions are not reduced or reduced through the courts.” Now the question is, is it possible to transform the punishment for the aforementioned penalties in terms of non -prohibition and refer to it in the text of the note?

Advisory Theory

First, in cases where the laws of disruptions in the economic system of the country are stated, “the country”; Like clauses “a”, “C“And”D »It means the sovereignty of the Islamic Republic of Iran; Therefore, behaviors that have limited economic effects and results that do not lead to disruption of economic order, regardless of the scope of committing it, are not subject to this law; But those behaviors whose effects and results lead to disruption to the country's economic system; Although the area of ​​committing a particular region or province is subject to disruption to the economic system.

Secondly, the criterion of distinguishing the country's economic system is to authenticate the country's economic programs through destructive impact on one of the essential components of the economy such as investment, economic growth rate, national production, employment, inflation, national equality rate with powerful currencies and commercial balance. So that the country's economic programs are completely or Partially No effectiveness or ability to achieve its goals, and identifying the matter by attracting the opinion of experts related to the court.

Thirdly, for the major or non -major identification of the subject in question in question, as in the provision of Article 1 of this Act, as well as Article 2 of the Executive Regulations on how to deal with major and large crimes in the economic system of the country approved, the head of the judiciary and the judge can Get the relevant.

Fourth, the conversion of punishment in accordance with Article 5 of the Islamic Penal Code (Amendment 1) is one of the cases of reduction of punishment; Therefore, in view of the prohibition on the reduction of penalties set forth in the Penal Code of the Economic System of the State, under Article 2 of this Act, these penalties (the penalties set forth in the aforementioned law) cannot be transformed into another.