Summons, Suspension of Prosecution and Prohibition of Prosecution in Economic Crimes; Critique on the Final Decision No. 9709972126200019 of the Second Investigation Branch of the District 22 Court of Tehran

Document Type : Technical-Scientific

Authors

1 Assistant Professor at Law and Political Science Faculty of Allameh Tabatabai University

2 PhD Student of Criminal Law and Criminology at Allameh Tabatabai University

Abstract

Monetary and banking crimes are among the business crimes that are specifically and certainly addressed in the field of money. Receiving large loans with low interest rates through forged documents, obtaining documentary credit and opening documentary credits contrary to import and export documents, using credits obtained in a place other than the goal of approval, fraud in stock exchange transactions, collusion and fraud in currency distribution in exchange offices, buying and selling foreign currency without the permission of the Central Bank, forming or establishing a bank or credit or financial and monetary cooperative without the permission of the Central Bank, as well as transferring capital of authorized banks and credit institutions in the name of third parties are the most important monetary and banking crimes which can be prosecuted in the special court for investigating monetary and banking crimes. The order issued by the Special Investigator of the Special Court for Monetary and Banking Crimes is one of these cases in which the accused, through various fraudulent processes, including forging signatures and forging documents and financial statements, as well as registering fictitious companies, received large sums of money. He has acted in the name of his relatives and employees and has committed soـcalled bank fraud. Banks and individuals in the aboveـmentioned departments were initially charged as defendants in the case, but then, due to the difficulty of proving or perhaps for expediency, the preliminary investigation of the crime against these individuals was not completed and only by issuing being summoned to the trial of the honorable investigator, only the main accused will bear the burden of punishment alone.

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