Abstract

Economic crimes, given their transnational nature, technical features, and structural complexities, are among the fundamental challenges in contemporary legal systems and modern criminological studies. This research aims to analytically examine and clarify the concept of "economic crime," seeking to delineate its conceptual boundaries in contrast to similar constructs such as financial crimes, administrative corruption, and property crimes. Employing a descriptive-analytical method and considering legal doctrine, jurisprudential principles, and criminological theories, this study investigates the distinguishing criteria in this domain. The findings reveal that, despite a lack of consensus on a comprehensive definition, elements such as "deceit," "erosion of public trust," and "disruption of the macroeconomic order" constitute the core of these crimes, with their consequences primarily threatening the stability of the economic system and social capital, rather than merely affecting private property. Regarding foundations, this paper, through an epistemological reading of Imami jurisprudence, traces the criminalization of such behaviors to principles such as "prohibition of wrongful appropriation of property" (ḥurmāt akli māl bi-bāṭil), "no harm" (lā ḍarar), "negation of domination" (nafy al-sabīl), and the doctrine of "preservation of the social order" (ḥifẓ al-niẓām), emphasizing the state's responsibility in safeguarding economic integrity. Furthermore, from a criminological perspective, the personality profile of the perpetrators (white-collar criminals) and their modern tools—based on expertise and privileged social positions—are analyzed.

Finally, while critiquing shortcomings in the existing legislative criminal policy, the necessity of transitioning to a "differential criminal policy" is emphasized. The ultimate conclusions demonstrate that recognizing these crimes based on criteria such as "multiplicity of victims," "large-scale structural damages," and "non-compoundable nature" is essential for clarifying criminal proceedings and developing preventive protocols to protect sustainable economic security.