The Role of Digital Currency in the Commission of Crimes with a Perspective on Iran’s Criminal Policy

Abstract

Digital currencies, as an emerging phenomenon in the global financial system, despite advantages such as high transaction speed, cost reduction, technological security, and a decentralized structure, have also provided the conditions for the commission of various crimes, particularly cyber and financial crimes. Using a descriptive–analytical method, this article examines the most significant cryptocurrency-related offenses within the framework of Iranian criminal law. The findings indicate that characteristics such as decentralization, transnationality, and the anonymous or quasi-anonymous nature of cryptocurrency transactions have created serious challenges in identifying offenders, detecting crimes, and enforcing criminal prosecution. Moreover, the absence of comprehensive legislation, the fragmentation of existing regulations, and the weakness of supervisory mechanisms have intensified the potential for the criminal misuse of cryptocurrencies. Finally, emphasizing the necessity of designing a coherent and forward-looking criminal policy, the article proposes legislative, executive, and technical solutions, including the enactment of a comprehensive cryptocurrency law, the strengthening of international cooperation in combating transnational crimes, the mandatory implementation of user identification procedures (Know Your Customer – KYC) by domestic platforms, and the enhancement of public awareness among users. This study seeks, through a systematic analysis, to contribute to crime reduction and the regulation of the legal environment governing cryptocurrencies.