Masood Bassami
Abstract
Iran's civil law allows the finder (lost property) to possess it under certain conditions. However, the question that arises is whether it is a crime if the person who found the property seizes the property. There is disagreement among lawyers about this question. Some believe that illegal seizure is ...
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Iran's civil law allows the finder (lost property) to possess it under certain conditions. However, the question that arises is whether it is a crime if the person who found the property seizes the property. There is disagreement among lawyers about this question. Some believe that illegal seizure is a crime, but there is no consensus on what a criminal offence is. Some believe in theft, some in abuse of confidence, some in the transfer of property of others, and some in the acquisition of property through illegitimate means. On the other hand, some jurists believe that the illegal seizure of property is not a crime. The results of the present study indicate that the opinion of the second group is stronger and seizure of property is not a crime even if it is against the law.
masood bassami
Abstract
One of the severe qualities of punishments is plurality of crimes, it is divided into two types: actual and credit. About number of crime. Criminal lawyers believe to guilty punish severely, while .this view is not about the number of credit. But, regarding to examples of number of actual and credit ...
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One of the severe qualities of punishments is plurality of crimes, it is divided into two types: actual and credit. About number of crime. Criminal lawyers believe to guilty punish severely, while .this view is not about the number of credit. But, regarding to examples of number of actual and credit there is disagreement, one of the differences is that a criminal during commit a crime, that is his/her main purpose, do another crime as an introduction of original crime. Now, the question is this situation the preliminary crime should be inside of main crime and believes in the unity of crime or it is one of the example of number crime (actual)? The Iranian Penal Code is silent about the topic under discussion but with reference to the doctrine and jurisprudence, it was necessary to consider this point that in the Iran's current criminal law, "give priority a crime to another” is one of the examples of actual plurality of crime.
masood bassami
Abstract
Iran's criminal law in the material plurality crime is intended to aggravation of punishment the perpetrators but this is not so much in the immaterial plurality. the recognition of the immaterial plurality of the real is not easy. This difficulty is enhanced by the enactment of the Penal Code 1392 and ...
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Iran's criminal law in the material plurality crime is intended to aggravation of punishment the perpetrators but this is not so much in the immaterial plurality. the recognition of the immaterial plurality of the real is not easy. This difficulty is enhanced by the enactment of the Penal Code 1392 and generates the rule of “plurality of result” because there is a similarity between this two juridical foundations. Therefore, it is imperative to carry out a study of the conditions for the realization of the immaterial plurality. The question of this research is what are the conditions for the realization of immaterial plurality and what is the point of differentiation and sharing with similar titles? The results of this study indicate that the conditions for the realization of the immaterial plurality are numerous; one of the most important of these is committing a unit behavior and violating more than one article of the Criminal law. Also, the most important aspect of differentiation of the immaterial plurality of the plurality of result is that, in the plurality of result from the unit behavior, various results are obtained, but in the immaterial plurality of the unit behavior, the unit result is obtained.
