Document Type : Research Paper

Authors

1 Master of Criminal Law and Criminology, Faculty of Humanity Science, University of Shahed, Tehran, Iran.

2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Humanity Science, University of Shahed, Tehran, Iran.

Abstract

The criminal liability of a partner for committing the two crimes of aggressive appropriation and destruction of common property is an issue that has long been controversial in the Iranian legal system. The following study, focusing on the judicial practice of Tehran province over the past decade, faces the following questions: “How does the judicial practice of this province comply with the legislator’s opinion regarding the crime of aggressive appropriation of common property after the enactment of the Islamic Penal Code of 1392?” Also, “To what extent is the judicial practice of the targeted province regarding the crime of destruction of common property in line with the unanimous decision of the Court of Procedure No. 10 dated 21/07/1355?” The findings indicate that the situation of the judicial practice of Tehran province over the past decade regarding the crime of aggressive appropriation of common property by one of the partners is not desirable. Furthermore, considering the aforementioned unanimous ruling, the judicial procedure of this province regarding the crime of destruction of common property also lacks the necessary alignment with this ruling in some cases.

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