نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
White-collar crimes—due to their complexity, organizational structure, wide-ranging economic harms, and reliance on professional positions and public trust—pose serious challenges to the criminal justice system. Given their hidden nature and the use of sophisticated administrative, financial, and corporate mechanisms, traditional criminal procedure proves insufficient for responding effectively to such offenses. This study, drawing upon criminological foundations including the organizational (corporate) culture theory of crime, rational choice theory, and the risk-management approach to white-collar crime, analyzes the key differential components required in the adjudication stage of white-collar cases. The findings indicate that an effective response to these offenders necessitates the adoption of a specialized and stringent procedural model, comprising: limited and justified departures from the presumption of innocence through burden-shifting mechanisms, intelligent acceleration and accuracy-based processing, extended or excluded statutes of limitations, concentrated and specialized adjudication structures, restrictions on the equality-of-arms principle, prohibition of leniency-based procedural institutions, and sentence aggravation in cases involving organized smuggling of goods and currency. Based on these components, the study proposes a special procedural framework that preserves core principles of fair trial while enhancing the efficiency and deterrent capacity of the criminal justice system in dealing with white-collar crime.
کلیدواژهها English