A prerequisite for a healthy, stable and growing economy is transparency and discipline in economic activities and exchanges. Activity of unauthorized and unsupervised financial institutions is contrary to the transparency and monetary discipline and may have results, such as money market crisis, increase liquidity and inflation, bank failures, hazarding of deposits security, low productivity of deposits and ultimately disrupt of the economic system. Continuance of illegal banking operations after the Islamic Revolution in Iran under various criminal acts has been considered by legislators and he with the use of multiple crime and criminal intervention intends to support through monetary and banking system. In this article we seek to consider extent of efficiency of the Iranian legislative and judicial penal policy to deal with the crime of persistence of illegal banking operations. considering of regulation of unorganised Monetary market Act and Article 96 of the Fifth Development Plan Act and referring to the proceedings of the Legislative assembly in the Scope of unauthorized banking operations specified temporary criminalizations, making forgivable these offences, lack of punishment for legal persons, inefficiencies and lack of deterrent punishments for these offences, all are the most important legislator ‘s defects that have been analyzed in this paper with critical approach. Some suggestions have been provided to reform the existing laws, in the end.