Comparative Law Researches

Comparative Law Researches

Preventive measures against the detrimental practices of obtaining bank credits in Iranian and EU criminal policy

Document Type : Original Research

Authors
Omid Ebrahimi 1
Hassan Poorbafrani 2
Mohsen Shekarchi Zade 3
1 Phd student in Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 Associate Professor of Criminal Law and Criminology, Department of Law , Najafabad Branch, Islamic Azad University, Najafabad, Iran.
3 Assistant Professor of Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
Abstract
The impact of capital creation on the realization of economic growth and the decisive role of banks' credits in capital creation makes it more necessary than ever to legal support for the process of obtaining credit and taking preventive measures to disrupt in this process. A comparative study of "competitive banking" and "information transparency" as the most important measures to prevent the disruption of banks credit in the criminal policy of Iran and the European Union shows that despite the reflection of these measures in various EU laws and treaties and their support at different levels. Iran's criminal policy has adopted incomplete strategies and lacking of executive guaranty in this regard. Lack of legal mechanism to make banking competitive in order to facilitate credit collection, insufficient powers of regulatory bodies, lack of the right of persons to access government information in the constitution, lack of deterrent executive guaranty against violation of this right, dispersion in the rules of validation of applicants for bank loans and lack of transparency in the accreditation process are the most important examples of deficiency in preventive measures against detrimental practices of obtaining bank credits in Iran's criminal policy in accordance with the measures adopted by the European Union and require legal and procedural reforms in this regard.
Keywords
Criminal Policy
Bank credits
Getting Credit
Disruptive practices of obtaining credit
Preventive Measures

Subjects

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