Crime of destruction of public and state-owned properties in Iranian law

Authors

  • Zabih-Alah Khansha Najafabad Branch, Islamic Azad University
  • Samad Tavakolie Zanghir Shahrekord University

DOI:

https://doi.org/10.24200/jsshr.vol5iss04pp9-12

Abstract

Destruction of properties means deliberate removing or defecting material property owned by others that can be punished according to legal regulations. So, this research was conducted with the aim of analyzing the crime of destruction of public and state-owned properties by descriptive – library method. Methodology: The data were collected by taking notes from legal sources and these results were obtained after analyzing: in Islamic law based on the principle of waste, verdict is squanderer to redress the civil liability damage and whereas damage to the property of others is an illegal action that the committed act of destruction is punishable by imprisonment. Results: The crime of destruction of public and state-owned properties in addition to the common elements, all crimes have specific elements in Iranian criminal law. Its legal element not only is predicted in Islamic penal law of punishments: wasting and destruction and burning property and documents; Articles 675, 677, 680, 681 and 683; destruction of historical, cultural and religious properties Articles 558, 560 and 564; wasting and burning and destruction of public properties and documents, Articles 543 to 546 and 682, and destruction of facilities and establishments and public properties used Articles 687 and 688, but also in different regulations of Article 7 of the law of punishing offence related to railway; Article 1 to 4 of the Penal Code for violating water, electricity, gas establishments and telecommunications; Article 40 of the constitution, Article 12 of the Penal Code of smuggling weapons and ammunition and Article 4 of Regulations of Act enacted 2012 the Council of Ministers; Article 1 of the law of conservation and protection of natural resources and forest reserves approved in 1992.  Conclusion: In accordance with Article 286, if destruction is to deal with the Islamic Republic, it will have the enemy punishments. 

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Published

2019-08-16

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Articles