Guarantee of Enacted Executive in Iranian Criminal Policy to Support Crimes Against Properties and Ownership

Abstract

The main role and purpose of criminal policy in a society, is effective control of crime and criminal phenomena’s inhibition of that community. Criminal policy is usually placed in the form of a general scheme and strategy and social policy and its tools cannot be limited only in repressive approach and punitive responses to crime in form of criminal laws and Code of Criminal Procedure, but also a preventive and proactive approach also plays a major role in explaining criminal policy to incidence the crimes. Methodology: We should investigate the conditions and features of crime against properties and ownership whether the absolute of property means any movable and immovable property, material and immaterial is placed as a subject of crime against properties, or the property must have certain conditions and features until it can be a subject of mentioned crimes al ownership. Results: Effects of division the properties into movable and immovable to identify the type of movable and immovable property has great importance in our law, foreigners cannot freely own the immovable properties in Iran, and they are allowed to obtain immovable properties due to treaties to live only or their occupation and industry, while there is no such limit for movable properties. Conclusion: Transfer of immovable properties shall be done by official document, but official document is not necessary in the case of movable properties and also guardian cannot sell or mortgage the immovable properties of his/her ward without permission of prosecutor. To address the claims relating to immovable, a court is competent that immovable property is situated in its domain, the other claims should be read in court of accommodation. Easement right is for immovable properties and the use of pre-emption is also dedicated to immovable properties.