Research and development in criminal law and criminology

Research and development in criminal law and criminology

Examining the Aggravation of Punishment for Fraud Committed by Government Employees and Affiliated Institutions

Document Type : Original Article

Author
Mohammad Mahdi Anjom Shoa
Former Supreme Court Judge and PhD in Criminal Law and Criminology, University of Tehran, Iran
10.22034/jclc.2025.2049535.1139
Abstract
The Iranian criminal justice system, through the enactment of the Law on Aggravated Punishment for Perpetrators of Bribery, Embezzlement, and Fraud (1988), has imposed harsher penalties for fraud compared to previous legislation to enhance its effectiveness in combating such offenses. Additionally, it prescribes more severe imprisonment sentences for individuals employed by the government or affiliated institutions, classifying this as a form of "aggravated fraud" within Iranian criminal law. A key legal debate surrounding this offense concerns whether the mere existence of an employment relationship with the government suffices to justify the aggravation of punishment, or whether the offender must have exploited their official position to commit the crime. Legal scholars and practitioners, analyzing judicial practice and legal doctrine, have arrived at differing conclusions—some affirming, others rejecting this requirement—often relying on intuitive interpretations rather than legislative intent. This study adopts a descriptive-analytical approach, examining provisions of the Islamic Penal Code (Ta'zirat) that, in various contexts, enhance criminal penalties. By focusing solely on the legislative framework rather than subjective interpretations, this research aims to determine the Iranian legislature’s criteria for sentencing enhancement and provide a definitive answer to the above question. A careful examination of legislative methodology reveals that Iranian law consistently establishes a direct correlation between sentence enhancement and the impact of specific circumstances or conduct on the commission of the crime or its consequences. Based on this legislative pattern, the study concludes that if a government employee commits fraud without abusing their official position, the aggravation of punishment lacks justification under Iran’s legislative criminal policy.
Keywords
Legislative Criminal Policy
Sentence Enhancement
Aggravated Fraud
Sentencing Criteria
Offender’s Employment Status
Subjects

  1. Laws

    1. Law on Intensification of Punishment for Perpetrators of Bribery, Embezzlement, and Fraud (1988). (in Persian)

    2. Ta'zirat Law (1983). (in Persian)

    3. Law on the Criminal Court for Government Employees (1955). (in Persian)

    4. Islamic Penal Code (Book Five: Ta'zirat and Deterrent Punishments) (1996). (in Persian)

    5. Islamic Penal Code (2013). (in Persian)

    6. General Penal Code (1925). (in Persian)

    7. Law on the Collection of Certain Government Revenues and Their Allocation in Specific Cases (1994). (in Persian)

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