نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری تخصصی حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه تهران. (نویسنده مسئول)
2 استادیار و دکتری تخصصی حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد علوم و تحقیقات.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The law punishing persons who collude to take property is one of the most applicable criminal laws, which was approved by the National Assembly on August 23, 1961, three years after the enactment of the General Punishment Law in . Due to the existence of numerous cases of the crime in society and the validity of the law, its contents are frequently cited by the judiciary. The legislator has considered the act of colluding to take another's property as fraudulent in the presence of other conditions provided by law, and has referred their punishment to Article 238 of the former General Penal Code.
Despite the fact that nearly a century has passed since the enactment of this law, and despite changes in criminal law and numerous changes in the punishment for fraud, many challenges and ambiguities include the inclusion of the law on litigants, how to refer to legal materials, sentencing and Execution of punishment, use of mitigation sentences, suspension and aggravation of punishment There are some ambiguities that have been answered with the approval of the Law on Reducing the Punishment of Imprisonment in 1399, but in some cases there are still challenges. In the present article, a descriptive-analytical method and using library resources, while criticizing the law and expressing the existing ambiguities, the possible solutions to solve them were also stated.
کلیدواژه‌ها [English]
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