The Analysis of Pyramid Schemes from the Perspective of Private Criminal Law and Comparing it with Network Marketing

Document Type : Original Article

Authors

1 (Associate professor at Shahid Beheshti University)

2 (A PhD student of Criminal Law & Criminology)

Abstract

One of aims and necessary needs of recent centuries in the realm of economy and creation of wealth is material resources which man with different thoughts and attitudes chooses different paths to get. Instead of applying their material and spiritual capacities in the right, rational and legal path to obtain more profits in short time, some people take activities such as pyramid schemes which include several problems with respect to collective conscience. Such activities have destructive results in the economy, social and individual realms which need criminal policy appropriate to them. According to Single Article Act (1384), the legislator has regarded such activities a subset of corruption in economic systems and considered its material elements establishing, delegation and recruiting and meanwhile regarded mental elements knowledge and intent. Although the above mentioned Single Article Act have advantages but it includes difficulties such as incomprehensiveness. With regarding the codification of the new Islamic penal code and Article 728, legal systems such as alternatives to punishments, semi-liberty and commutation (commuting a judicial sentence) can be executed.
 

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