The Meaning of Commercial Crimes and the Requirement of Legislative Policy to Tackle Them in Iranian Law

The criminalization of disturbing conducts in trade processes and the rights of all related persons has always been seen as a one of the methods in which trade processes can be controlled. The Iranian legislator has taken this method into account but there is no criminal-legislative policy which has been enacted to ensure this method is followed.The failure to do so is evident due the vagueness of the definitions of trade crimes, and it is to such an extent that distinguishing these definitions from other definitions, such as economic crimes, is an obvious challenge. It is necessary to provide a clear definition and transparency regarding the criminology, penology and the legal aspects of these two types of crimes: economic and commercial crimes. Then, the legislative policies made regarding these two types of crimes need to take certain principles and requirements into account, if this is not done, the efficiency and productivity of the laws passed will greatly decrease. Thus, by employing inductive reasoning, this study found that the definitions of commercial crimes can be separated from economic crimes and so a definition and framework was clarified. Then, the most important principles of legislative policy regarding  commercial crimes was analyzed, such as realism in criminalization, codification of integrated acts, bringing legal punishments up to date and using legal economic regulations. Finally, it was concluded that any legislation passed regarding commercial crimes should be done with the mentioned principles in mind.