نوع مقاله : مقاله پژوهشی
1 دکتری حقوق جزا و جرمشناسی. واحد تهران مرکز. دانشگاه آزاد اسلامی. تهران
2 دکتری حقوق جزا و جرمشناسی. دانشگاه خوارزمی. دانشگاه حقوق. تهران. ایران
3 دانشجوی دکتری حقوق جزا و جرمشناسی. واحد تهران مرکز. دانشگاه آزاد اسلامی. تهران. ایران
عنوان مقاله [English]
Background and Aim: With the increasing presence of companies in human social life, related criminal behaviors have also increased. A review of the most important corporate crime cases reveals the extent of the damages and the many victims. It seems that any effective and effective preventive measures in controlling these crimes need to understand the cause, context and motivation of perpetrators of crime in the capital market, so the purpose of this study is to use processing measures and qualitative analysis of corporate crimes.
Method: The present study is applied in terms of purpose and exploratory in terms of method. In order to achieve the purpose of the research, after reviewing the scientific literature, 14 cases of corporate crimes in the field of stock exchange and securities market were investigated in the courts of Tehran by qualitative content analysis. After reaching theoretical saturation, while refining similar codes, primary and secondary categories were coded and finally the main categories were drawn in the form of a paradigm model.
Results and Conclusion: According to the research findings, corporate crimes in the field of stock exchange are among the male crimes and women have a lesser role in committing crimes in this field compared to men. Also, the perpetrators' access to confidential information, the prevalence of crime culture in companies, lack of internal supervision and control of companies and the inefficiency of the detection system, motivate and lay the groundwork for crime in this area. Therefore, in order to control crimes in this area, the need for continuous monitoring by the regulatory body and the use of binding mechanisms by the policy-making body to implement corporate governance guidelines by companies, has an effective role in improving the principle of transparency and prevention of corporate crime.