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

Document Type : Original Article

Authors

1 PHD student

2 Assistant Professor of Azad University, Chalous branch

3 Assistant Professor ,Department of Low , Central Bronch , Islamic Azad University of 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.

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