Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The necessity of revising the law on punishment of persons who conspire to take illegal property approved in 1307

Document Type : Research Article

Authors
Dr. Naser Rezvani Jouibari 1
Dr. Jafar Movahhedi 2
1 Doctorate in criminal law and criminology, Faculty of Law, University of Tehran. (Corresponding Author)
2 Assistant professor and specialized doctor of criminal law and criminology, Faculty of Law, Islamic Azad University, Science and Research Unit.
Abstract
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.
Keywords
Collusion
Fraud
Remittance
Mitigation and Aggravation of Punishment
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  • Receive Date 23 March 2022
  • Revise Date 23 April 2022
  • Accept Date 30 April 2022