Criminal Law Analysis of Iran in Addressing Insurance Fraud

Abstract

Insurance fraud is considered one of the most significant and complex forms of economic crime in contemporary legal systems. Due to the specific characteristics of the insurance industry, this type of fraud encompasses broader dimensions than traditional fraud. In this regard, Iran’s criminal law faces numerous challenges in confronting this phenomenon, as the legislator has merely provided a general definition of fraud and has not developed specific regulations for the identification, prevention, and prosecution of insurance fraud. Consequently, in practice, proving this crime—especially in the specialized domain of insurance—presents serious difficulties. Furthermore, the structure of insurance contracts, the principle of utmost good faith, and the asymmetry of information between insurer and policyholder have created an environment susceptible to abuse, thereby undermining trust in insurance relations. This article aims to provide a precise analysis of the performance of Iranian criminal law in addressing insurance fraud by examining the current legal structure, common manifestations of this crime, and legislative, judicial, and executive challenges. From a criminal policy perspective, the article also highlights the inefficacy of existing countermeasures and the necessity of revising current regulations. The findings indicate that effectively addressing this specific type of fraud requires a move toward specialized criminalization, the development of clear executive guidelines, and specialized training for judicial and insurance institutions.