Toward the Realm of the Criminal Code Article 598; The Case of Private-Sector Ex-Governmental Banks

Criminalization realm in article 598 of Criminal Code is a matter of controversy with regard to several natural and legal persons. As an instance in this case, the status of some banks is in an opaque zone. Considering Governmental Banks’ intertwined linkage to the government, in addition to the Criminal Code’s title of chapter 13 (Governmental Officials’ trespasses toward the government), it is clear that mentioned banks come under the umbrella of article 598. On the other hand, Private Banks (which have been private since their establishment) not being under the aegis of the government makes it undoubtable that the article is not applicable to them. Yet the state of Private Ex-Governmental Banks, which still have connections with the government, is of ambiguity and in need of scrutiny. The reason lies in the fact that while accounting for some features of Private Banks, afore-mentioned banks have features in common with Governmental Banks too. Therefore, shedding light on Private Ex-Governmental Banks makes a comprehensive study of three fields necessary: 1- related laws and regulations, 2- facts and figures about stocks and shares, 3- legal procedure. The conclusion Ex-Governmental Banks are more of a Private bank than a governmental one.