The approach of Iran’s Criminal System on properties related to crimes

Document Type : Original Article

Authors

1 Ph.D. student in criminal law and criminology, Faculty of law, Ayatollah Amli unit, Islamic Free University, Amol, Iran.

2 Professor, Law Department, Faculty of law and political science, chalus unit, Islamic Free University, chalus, Iran.

3 Professor, Law Department, Faculty of law, Tehran center unit, Islamic Free University, Tehran, Iran.

Abstract

Confiscation of property that has been posed as a punishment and in some cases, there is no clear text for it, is considered a discretionary punishment. It can be considered a precautionary or preventive measure. No property is confiscated even if it results from a crime or it is a means to commit a crime unless there is a clear law in the criminal law to confiscate the property. In such cases, even properties that are not liable to be distrained for debt are confiscated, otherwise, the property is destructed or returned. Accordingly, the defendant’s property is confiscated for the benefit of the government, the legislator has used the executive guarantees under the title of nationalization and confiscation of property to punish and punish the relevant persons. This qualitative-analytical study aims at investigating some questions on legal analysis and criminology of property related to crime in Iran’s criminal law to answer some ambiguities by studying texts on law and jurisprudence.

Keywords

References

Abazari Fumshi, Mansour. The Law on the Execution of Civil Sentences in the Criminal Law System, Tehran, Khorsandi Publications, (2010)
Abdul Qadir Odeh. Islamic Criminal Legislation in Comparison with the Legal Law, Cairo: Dar al-Tarath, (2009)
Abu Yusuf Qazi. Kasani, Volume 7, (2019)
Adabi, Ali. Seizure and confiscation of property in crimes related to smuggling from the perspective of the laws of the country, Tehran, Aghah publication, (2014)
Agriculture, Abbas. A Brief Description of the Islamic Penal Code, Tehran, Qaqnos Publishing, (2012)
Ahmadi, Bahram. Abusing the right, Tehran, Information Publishing, (2006)
Ameri, Afaq. Confiscation of property caused by drug crimes and challenges and solutions, Thesis, Tehran, Tarbiat Modares University, (2016)
Ardabili, Mohammad Ali. General Criminal Law, Volume 2, Tehran, Mizan Publishing House, (2014)
Bahrami, Bahram. Implementation of civil laws, third edition, Tehran, published by Negeh Bineh Cultural Publishing Institute, (2004).
Bakhtar, Seyyed Ahmed, Raisi, Massoud. Requirements for the implementation of civil judgments, Tehran, Khat Som Publishing, (2016)
Chekandinejad, Ali, Bastami, Payam. Jurisprudential and legal review of the negligence and mistakes of judges in the criminal laws of Iran, Law Studies, New Volume No. 21, (1400)
Delir, Hamid. The rights of third parties in the process of confiscation of property in Iranian and British law, Journal of Legal Research, second volume, number 1, (2015)
Ghayathund, Saeed, Rahdarpur, Ardeshir. The punishment of property confiscation in drug crimes in Iran's criminal law, National Conference on Law, Jurisprudence and Culture No. 1, (2019)
Habibzadeh, Mohammad Jaafar, Omrani, Salman, Pour Gholam, Hamed. Analysis of Gambling Crime in Iranian Jurisprudence and Law, Journal of Islamic Jurisprudence and Law Research, No. 20, (2009)
Hosseini, Seyyed Mohammad Reza. The Law on the Execution of Civil Judgments in Judicial Procedure, 2nd Edition, Tehran, Negah Bineh Publishing Cultural Institute, (2015)
Jafari Dolatabadi, Abbas. Seizure of property and its conditions in criminal security orders, Proceedings Monthly, No. 52, (2014)
Jafari Langroudi, Mohammad Jaafar. publisher's rights terminology, Ganj Danesh, (1400)
Katouzian, Naser. Civil rights of property and ownership, 7th edition, Tehran, Mizan publishing house, (2003)
Khalil bin Ahmad. Kitab al-Ain, published by Mehdi Makhzoumi and Ebrahim Samarai, Qom, (1409)
Khoi, Seyyed Abulqasem. Misbah al-Fiqahah fi al-Maamalat, volume 2 of Faqahat publication, (2013)
Nemati, Mojtabi. Confiscation of property caused by crime in Iran's criminal law, Thesis, Islamic Azad University, Shahroud Branch, (2015)
Sacrifice, Faraj Elah. Collection of Unanimity Opinions of the Supreme Court (Criminal), 7th Edition, Ferdowsi Publications, (2010).
Seyed Jalili, Seyed Morteza. Nationalization of property from the perspective of Iranian private law and international law, Thesis, Islamic Azad University, Quds Branch, (2015).
Shakri, Abolhassan, Qolizadeh, Behrouz. Seizure of property in Iran's criminal law, Judicial Perspectives Journal, No. 87, (2018).
Taghizadeh, Ebrahim, Hashemi, Seyyed Ahmad Ali. Property and Ownership Rights, Majd Publishing House, (1400).
Journal of Criminal Law and Criminology
Volume 11, Issue 22
March 2024
Pages 69-96

Files

Share

How to cite

Statistics