
The responsibility of supervisory institutions in preventing Ponzi schemes/ Sina Yousefi.
Among various social phenomena, crime holds a special position and this importance stems from the fact that humans have a need for security based on instinct. Historically, human social life has always been faced with the phenomenon of crime and delinquency, and crime has been an inevitable part of human social organization. In response to this phenomenon, humans have always tried to implement solutions to elevate their society and control this phenomenon.
The expansion of network fraud and Ponzi schemes in recent years, especially the recent case of a company known as “Kourosh Company”, has increased the need for a thorough and scientific study of the reasons and factors behind the occurrence and spread of such crimes. If we critically examine the laws and regulations related to fraud and the overall concept of fraud from a criminological perspective, it must be said that with the approval of the law reducing the punishment of imprisonment in 2020, the punishment for fraud, which endangers the economic and commercial security of citizens, has lost its deterrent effect; although from the perspective of modern criminological theories, especially preventive criminology, the inefficiency of general criminal prevention has been practically proven and experts are more focused on preventing crime through the use of monitoring measures. In other words, today most countries in the world pay more attention and care to scientific and in-depth studies on maintaining order and security in societies, and relevant organizations invest heavily in this area
According to Article 156 of the Constitution, one of the duties of the judiciary, which is carried out through the prosecutor’s office, is to take appropriate measures to prevent the commission of crimes. This means that the prosecutor, through their supervisory role, must take preventive measures to prevent and stop crimes in cases where there is sufficient evidence of future criminal activity, as was the case with the widespread fraud in the Cyrus Company case. It must be said that due to the extensive advertising of this company in the media and the creation of trust through the use of artists, football players, celebrities, and famous individuals in advertising, and the clarity and visibility of their criminal behavior, institutions such as the police – especially the cyber police – who are under the supervision of the prosecutor’s office, should have intervened in a timely manner to prevent the occurrence and continuation of such widespread fraud and protect citizens’ property from fraudulent actions. However, this did not happen and in fact, the supervisory institutions did not fulfill
It should be noted that the lack of close supervision over such activities, which are carried out by exploiting public trust, despite the approval of the Crime Prevention Law in 2015, which according to Article 2 of this law, assigned 23 institutions to form the High Council for Crime Prevention, is itself a result of the lack of integrated management and the diversity of involved agencies in the supervision and prevention process, which has resulted in chaos in this area and allows individuals to take advantage of the system’s inefficiency and engage in fraudulent activities, ultimately leading to the plundering of citizens’ assets. Additionally, the failure to utilize international experiences and the use of successful countries’ programs in this field can be one of the reasons that, in addition to the excessive costs for the country, prolongs the path to reaching global standards.
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