A Study of Fraud with Emphasis on the Insurance Industry in Iranian Criminal Law and Its Comparative Analysis with French Law

Abstract

Insurance fraud is one of the most complex and, at the same time, most prevalent forms of financial crime in modern societies, which—due to the expansion of the insurance industry—has found increasingly diverse avenues for commission. This type of fraud, by exploiting legal structures and the intricate procedures of insurance practices, poses significant challenges to criminal justice systems. In Iranian criminal law, despite the existence of a general definition of fraud, there are no specific and coherent provisions addressing fraud within the insurance industry. This legal gap has rendered the identification, prosecution, and proof of such offenses considerably difficult. This article seeks to analyze the legal, material, and mental elements of insurance fraud with a focus on the current structure of Iranian criminal law. It critically examines legislative and procedural shortcomings and identifies the challenges impeding effective counteraction against this crime. Furthermore, through a comparative study with the French legal system, the paper aims to extract strengths and successful experiences of France in the criminalization, prevention, and prosecution of insurance fraud and to introduce these elements as replicable models for Iranian law. This comparative approach can serve as a valuable foundation for reforming existing legislation, drafting specific regulations in the insurance domain, and enhancing mechanisms to combat fraud in this industry.