Document Type : research
Authors
1
PhD student, Department of Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran
2
Assistant Professor of Law Department, Bushehr Branch, Islamic Azad University, Bushehr, Iran
3
Assistant Professor, Department of Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran
10.22034/ejs.2024.431139.1638
Abstract
Background and purpose: Cryptocurrencies are a type of unregulated digital currency that is usually monitored by its developers, and is accepted and used by members of a specific virtual community. which is widely used all over the world as well as in Iran. The aim of this article is the comparative study of jurisprudence and legal inadequacy of cryptocurrency crimes in domestic and foreign laws.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The legal nature of cryptocurrencies can be checked in the laws related to money laundering in Iran, the country's tax laws and the laws of the stock exchange and commodity exchange of Iran. On the other hand, from a jurisprudential point of view, truth and falsity governs the transfer of virtual currencies, and the legal prohibition does not lead to the invalidity of the transaction or the punishment of the perpetrator. But in jurisprudence, the pricing of currency is irrational and its exchanges are arbitrary.
Result: The security of information and data, production of currencies, as well as buying and selling, investment and storage and maintenance of cryptocurrencies, which has led to frauds and loss of large funds, are among the main factors influencing the formulation of laws related to forgery and fraud crimes in the field. Cryptocurrencies are in domestic and international law.
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