Document Type : Original Article
Authors
1
Assistant Professor, Department of Public and International Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2
PhD in Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3
Assistant Professor, Department of Law, Payame Noor University, Tehran, Iran.
4
Assistant Professor, Department of Law, Faculty of Humanities, Semnan University, Semnan, Iran.
5
PhD Student in Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
6
M.A. in Criminal Law and Criminology, Roudehen Branch, Islamic Azad University, Tehran, Iran.
7
M.A. in Private Law, Ayatollah Amoli Branch, Islamic Azad University, Babol, Iran.
8
M.A. in Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/jclc.2025.493742.2084
Abstract
Confiscation without criminal conviction has been one of the main methods in the field of restitution of assets resulting from administrative corruption crimes, which has been accepted in Article 54 of the International Convention against Corruption. This legal institution is used in cases where, firstly, there is no access to the offender for reasons such as his death, escape, or disappearance; secondly, the proceeds or means resulting from or used in administrative corruption crimes are at risk of being destroyed; and thirdly, the proceeds of the crime have been transferred outside the country where the crime was committed. In any case, confiscation without criminal conviction in administrative corruption crimes, as its name suggests, does not require a criminal conviction and is generally used in situations that seek to facilitate the burden of proof on the party filing the claim. The main question that this article seeks to answer is what are the differences between the approach to confiscation without criminal conviction in administrative corruption crimes in the international legal system and the Iranian legal system? The result of the present study is that, given the lack of recognition of the institution of confiscation without criminal conviction in administrative corruption crimes in the Iranian legal system, it is possible to use similar mechanisms such as the injunction in criminal matters, which, of course, also have some differences.
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