Optimal Criminal Policy in Confronting Criminal Behaviors Stemming from Cryptocurrencies in Iran: A Perspective on Regulation within the Global Approach

Abstract

Today, we witness the expansion and advancement of information technology and the use of cryptocurrencies in individuals' lives. Over a decade has passed since the introduction and dissemination of cryptocurrencies, yet substantial and strategic gaps persist in this field in terms of proper criminal policy, legal regulation, and governance. The unique features and novelty of cryptocurrencies have created a favorable environment for criminal activity. However, the approaches of different countries toward this phenomenon vary. Some nations have endeavored to adopt active and dynamic regulatory approaches and select optimal criminal policies in this domain, while others, due to existing ambiguities and political, security, and economic sensitivities, have refrained from enacting specific regulations. Given the challenges associated with cryptocurrencies—such as the anonymity of parties involved, the indeterminacy of origins and destinations, difficulties in evidence collection and crime scene identification, their legal nature from a jurisprudential perspective, and impediments in the prosecution of crimes due to inefficient jurisdictional rules—achieving an optimal criminal policy in all dimensions faces significant obstacles. Crimes such as fraud, money laundering, tax evasion, organized crime, and others are particularly attractive to offenders within this domain. Most countries, by adopting risk-based criminal policies, attempt to develop suitable strategies. However, considering the features and components inherent to cryptocurrencies, reliance on this policy alone is insufficient. Undoubtedly, achieving an effective criminal policy in this field depends on establishing suitable infrastructures and implementing robust regulation and governance mechanisms. Undeniably, an appropriate criminal policy regarding information technology and the phenomenon of cryptocurrencies is information-centered. Hence, a preventive, investigative, integrative, differential, and interactive criminal policy approach in legislation and regulatory reforms can prove effective. This study employs a descriptive and analytical method, utilizing library resources to examine optimal criminal policies against criminal behaviors stemming from cryptocurrencies in Iran, with a focus on regulation within the global approach. Initially, the study explores the legal foundations and nature of cryptocurrencies. Subsequently, it analyzes the concept of criminal policy in all its dimensions, alongside the challenges and issues associated with criminal policy, as well as appropriate solutions to counter criminal behaviors stemming from cryptocurrencies. Finally, it delves into regulation, legislation, and the pathology of the cryptocurrency phenomenon.