Emphasis on the Applying the Principles of Restorative Justice and Cooperative Criminal Policy in the Settlement of Banking Lawsuits

The meeting on “Feasibility Assessment, Prevention and Decriminalizing of Banking Crimes and Lawsuits” was held in cooperation with the JRI and the Central Bank at the Higher Banking Education Institute.

Dr. Javad Tahmasabi, head of the field of policy analysis and laws and regulations evaluation of Judiciary Research Institute and member of university academic staff, siad the nature of banking, how to prevent these crimes and the possibility of decriminalizing some banking crimes and legal claims are among the main points of this meeting, and emphasized the need to pay attention and apply the doctrines of restorative justice and cooperative criminal policy in the settlement of banking lawsuits. He pointed to some successful examples of this issue in the Stock Market Council and other areas in completing his speech.

According to the Public Relations and Information Report of the JRI, Dr. Amir Mazloum Shayan, Director of Legal Lawsuits Department of the Central Bank, also discussed the classification of banking crimes in recent years and by presenting solutions for active and reactive prevention of banking crimes, stated: It is very important to pay attention to adopting a definite and severe criminal policy in dealing with banking crime cases, be careful in choosing the criminal title in this area and applying punishments that are appropriate to the deterrence goal.

Meanwhile, MohammadReza Jamshidi, Secretary of the Association of Private Banks and Credit Institutions, stated in this meeting: Sending cases to dispute resolution boards should only be for some cases with a certain amount limit. He added: The judges’ failure to use experts approved by the Central Bank has led to some problems.

Dr. Farshad Heydari, head of Iran’s Higher Institute of Banking Education, Dr. Akbar Kamijani, former head of the Central Bank, and Amini Azad, the former general manager of Central Bank Supervision, separately discussed issues such as the historical record of dispute resolution boards and the need to implement legal reforms in their structure, paying attention to the refinement of lawsuits in referring to the courts, considering the absolute responsibility and no fault of the banks in order to facilitate the processing of bank claims.

In the end, representatives of banks and experts from judicial and executive areas expressed their points of view.