| Abstrakt: |
As organized crime increasingly spread through drug crime in the 1980s and became an international problem; the ineffectiveness of existing legal tools to deal with it emerged; because the conviction of several organized criminals behind bars and the exploitation of the benefits of their crime after their release could not have had a tangible effect on defeating organized crime. In this respect, the system of confiscation of property to fight international organized crime was recognized as a fundamental principle in international and national legal systems and grew and expanded significantly in terms of type and scope; One of its modern and progressive forms is "extended criminal confiscation" Among the international organizations, the Financial Action Task Force and the European Union, and among the European countries, the United Kingdom has the leading systems of extensive criminal confiscation. Therefore, in this study, with the aim of pathology and optimization of the legal system governing the confiscation of property related to crime in the Islamic Republic of Iran, with a comparative view, the components of the extended criminal confiscation system in the leading legal systems are described and based on the legal system approach. Iran is assessed and pathologically evaluated In order to provide effective suggestions for reforming the laws governing property related to crime; Extensive confiscation in leading legal systems has four components: criminal offenses, legal presumptions, reduction of the value of proof and litigation revolution. In Iran's legal system, although extensive criminal confiscation is provided for in the AntiMoney Laundering Amendment Law approved in 2017; But it lacks the first and second components, and regarding the third component, although suspicion is close to science, it has been legislated; But it lacks objective and quantitative criteria; Therefore, it is suggested that the legislator, like other leading legal systems, formulates the component of predicate crimes and legal assumptions in the legal system governing extended criminal confiscation and, like the English legal system, establish objective criteria such as "criminal lifestyle" and "period of criminal activity" to study suspicion. Legislate with science.it should be noted that this research has been done by descriptive-analytical method and in the collection of resources, the library method has been used. [ABSTRACT FROM AUTHOR] |
