نوع مقاله : مقاله پژوهشی
1 دکتری حقوق کیفری و جرم شناسی از دانشگاه علامه طباطبایی
2 کارشناس ارشد حقوق جزا و جرم شناسی(نویسنده مسئول)
عنوان مقاله [English]
Secret information is the most important belongings in the capital market, since it is the basic of decision-making and control of the risk in this market. Most rules and regulations which is related to stock exchange following from this approach, have bound those companies whose stocks are under transaction in stock market to deposit their own secret information constantly and uniformly at disposal of all investors so that they can decide on the basis of this information about transaction or keeping of their own stocks and avoid considerable principal risk in their own transaction. Iran's legislator also in Article 1 (32) of the Market law enacted in 1384 has defined secret information and Article 46 (1) provides criminal protection for this information. In this Article abuse of secret information has been criminlized. Actus rea of this crime is unlawful using and out of its routine, mens rea of this crime is knowingly and purposely using of this information.