A Comparative Study of Disciplinary Mechanisms for the Return of Assets from Drug-Related Crimes in International Criminal Policy and Iranian Criminal Policy with Emphasis on Achievements for the NAJA

The present research in the field of international and domestic legal-law enforcement mechanisms has been concerned with the return of assets resulting from drug-related crimes. This study was prepared with the aim of developing the identification of new mechanisms for the return of assets resulting from criminal activities related to drugs with a legal-law enforcement approach.

In terms of its type the present study is of an applied research type, which has been conducted using descriptive-analytic method. The necessary data were explained using library studies and note taking and referring to authoritative domestic and international legal sources.

The most important tool of Interpol has been the issuance of special silver declarations for the return of assets resulting from internationally organized criminal activities, including narcotics. Also, according to the provision of restitution of assets in international conventions, especially Article 5 of the International Convention against Narcotics and related documents, including the International Anti-Corruption Convention, two mechanisms can be used within the framework of these documents called formal mechanisms and informal mechanisms such as Star, Greco, etc., which are outside the framework of these conventions, have been used. Also, since the principle of speed is necessary in the return of assets arising from drug-related criminal activities; thus, informal mechanisms in which the law enforcement agencies of the Islamic Republic of Iran are not members can more favorably serve the national interest in returning the assets of drug-related crimes.

The most important challenges and gaps in the performance of the Iranian police regarding the return of assets resulting from criminal activities related to drugs are lack of strengthening the system of international law enforcement cooperation in the field of return of assets and the existence of case-by-case cooperation, lack of organizational goals, informal mechanisms to speed up the process.