The Legal Status of Crime-Derived Property in Iran's Criminal Justice System (Dos and Don'ts)

Abstract

The present article examines the legal status of property derived from criminal activity within Iran’s criminal justice system, with an emphasis on the normative “dos and don’ts.” Crime-derived property plays a crucial role in reflecting the implementation of justice and in providing restitution to victims. This paper initially explores the legal concept and categories of crime-derived property. It then analyzes the relevant laws and regulations governing such property in Iran. Assets and items that fall under one of the categories or instances stipulated in Article 215 of the Islamic Penal Code and Article 148 of the Criminal Procedure Code, or in certain special penal laws—such as the note appended to Article 3 of the amended Anti-Money Laundering Act of 2018—are closely linked to the commission of a crime and have consistently posed a serious challenge for judicial authorities, including both prosecution offices and courts. The legal "dos" include recognizing the positive effects of eliminating crime-derived assets on society and the importance of protecting the rights of the parties involved in cases pertaining to such property. Conversely, the legal "don’ts" focus on issues arising from the mismanagement of crime-derived property and the negative consequences of retaining such property. Finally, the article discusses practical solutions and recommendations aimed at improving the legal status of crime-derived assets in Iran’s criminal justice framework. It emphasizes the importance of effectively implementing legal provisions and the proposed solutions for optimizing the management of crime-derived property, thereby underscoring their relevance to Iran’s legal community.