نوع مقاله : پژوهشی
عنوان مقاله English
نویسنده English
The criminalization of "transfer of another's property", which has no precedent in the legal systems of the world, has a history of nearly a hundred years in the Iranian legal system. This research, using a descriptive-analytical method and using library resources and a review of judicial practice, shows that since, firstly, the historical and social context of the criminalization of transfer of another's property has now disappeared; secondly, in terms of the principles and foundations of criminalization, criminal intervention in the inherently civil and contractual phenomenon of "penetrating transaction" and also the production of a criminal title that overlaps, interferes with, and conflicts with many other criminal titles, cannot be justified; Thirdly, in terms of the way the law is enacted regarding the crime of transferring property of another, the use of a referral system to determine punishment, the tripartite nature of the crime of transferring property of another, and the inherent intertwining of this crime with the concepts and specificities of civil law, numerous challenges are imposed on the criminal justice system. Therefore, the proposal of this research is to decriminalize this behavior and delegate the fight against it to civil enforcement guarantees as well as the penalties prescribed for other similar criminal offenses.
کلیدواژهها English