Hadd Rule Promotion

Authors

  • Seyed Mohammad Hosseini South Tehran Branch, Islamic Azad University
  • Samad Choobineh Electronic Branch, Islamic Azad University

DOI:

https://doi.org/10.24200/jsshr.vol4iss01pp49-53

Abstract

In the division of common crimes, crimes are divided into three categories: crimes against persons, property and ownership and division of welfare and public safety. In the following discussion as crimes against property or property that has been and it always disagreed whether can be crimes against property and belong to Guilt by one of the partners be considered as a crime or not? In the discussion there. Methodology: That's about the same forms of communal crimes against property is located approximately that may be due to the fact that their property is a criminal who has engaged one of the owners, has always been debated. So that, following the precedent of religious foundations and religious views or divisions of opinion about criminal responsibility for crimes committed by each of the partners has the property condominium. Results: One of the most important mutual crimes against property that is subject to property belonging to non-theft. One of the subjects in the material element of the crime is investigated is whether the description of diffusion in the material element of the crime of theft make up the breakdown, or not? Do not take the property by partner makes a dent in the incidence of theft or not? The criminalization of steal some bases can be partners’ joint ownership mobilization dominance and respect people's property. Conclusion: The research investigates jurisprudence and legal perspective to the conclusion that the realization of the subject property as theft is no doubt shared by partners. In addition, such an interpretation more consistent with the logic and principles governing the rights of criminal jurisprudence is compatible with the rules of public order.

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Published

2019-08-13

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Articles