Crime in the ambiguous halo of civil descriptions

Document Type : Original Article

Authors

1 PhD Candidate, Faculty of Law, Theology & Political Sciences, Islamic Azad University: Science & Research Branch, Tehran, Iran

2 Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

Abstract

The existence of relationship between discussions in Criminal Law and Civil Law, in spite of independence of this two field, is an undeniable and apparent fact. Rules of Civil Law have a significant effect on Criminal Law, especially in financial offences. Financial offences include intervention in financial rights and interests of other persons. Answer to this question that if individuals have such rights and interests in the property which is the subject of offence, for considering the person that invaded this rights and interest guilty, is find in related sections of Civil Law, including in law of properties and contracts. Most offences happen because of violation of rights that deduce from civil rules. Understanding the parts that is under the direct and indirect influence of Civil Law is one of important preludes of court movement and analysis. Mistake in description can change the court movement and lead it to a direction that harms the accused and society. We don't face with such description and relationship just in the sphere of offences against property, but in the other important subject like vicarious liability, causality relation, probative evidence and etc., legal description has a fundamental role in the criminal affair, too. Identification of domain and boundaries of civil rules impact on the criminal issues, because of lack in researches, has many ambiguous points. Although courts inevitably observe these descriptions in practice; but they don’t deduce them according the specific rules and bases and one of the results is the contradiction in decisions.

Keywords

Main Subjects

References

 
References
Books
Collection of Judicial Decisions of the Branches of the Supreme Court (criminal), Tehran: Judiciary Press and Publications Center, 2016. (in Persian)
Collection of Jurisprudential Advisory Opinions on Criminal Matters, Volume 1, Tehran: Deputy of Education and Research of the Judiciary, 2003. (in Persian)
Emami, Sayyaed Hassan, Civil Law, Volume 2, Tehran: Islamic bookstore, 1996. (in Persian)
Ha’er Shah-Bagh, Sayyed Ali, Description of Civil Code, Volume 2, Tehran: Ganj-e-Danesh, 2003. (in Persian)
Habib-Zadeh, Mohammad Jafar, Theft in Iran’s Criminal Law, Tehran: Dadgostar, First Edition, 2006. (in Persian)
Jafari Langroudi, Mohammad Jafar, Detailed in Terminology of Law, Volume 2, Tehran: Ganj-e-Danesh, 2002. (in Persian)
Jafari Langroudi, Mohammad Jafar, Law Encyclopedia. Volume 2, Tehran: Amir-Kabir, 1996. (in Persian)
Jafari Langroudi, Mohammad Jafar, Legal Schools in Islamic Law, Third Edition, Tehran: Ganj-e-Danesh, 2003. (in Persian)
Katouzian, Nasser, Civil Code in the Current Legal Order. Tehran: Mizan, 2006. (in Persian)
Katouzian, Nasser, Civil Law; Property and Ownership. Tehran: Yalda, First Edition, 1995. (in Persian)
Katouzian, Nasser, General Rules of Contract, Volume 2, Tehran: Sahami Publishing Company, Fourth Edition, 1997. (in Persian)
Katouzian, Nasser, Specified Contracts, Volume 1, Tehran: Sahami Publishing Company, 1999. (in Persian)
Khoda-Bakhsi, Abdollah, The Fundamental Distinction of Civil Law and Criminal Law, Tehran: Shahr-e-Danesh, 2013. (in Persian)
Lankarani, Mohammad Fazel, Quoted from the Collection of Jurisprudential Opinions on Criminal Matters, Qom: Deputy for Education and Research of the Judiciary, First Edition, 2003. (in Persian)
Makarem Shirazi, Nasser, Quoted from the Collection of Jurisprudential Opinions on Criminal Matters, Qom: Deputy for Education and Research of the Judiciary, First Edition, 2003. (in Persian)
Mir-Mohammed Sadeghi, Hossein, Specialized Criminal Law; Crimes against Property and Ownership, Tehran: Mizan, 2015. (in Persian)
Moghnieh, Allameh Mohammad Javad, Jurisprudence of Imam Jafar Sadiq (PBUH), Volume 3, Qom: Qods Mohammedi, No Date. (in Arabic)
Mousavi Ardebili, Sayyed AbdolKarim, Quoted from the Collection of Jurisprudential Opinions on Criminal Matters, Qom: Deputy for Education and Research of the Judiciary, First Edition, 2003. (in Persian)
Negitiations and Opinions of General Board of Supreme Court, Volume 4, Tehran: Office of Uniformity of Procedure and Publication of the Discussions of the General Board of the Supreme Court, 2001. (in Persian)
Pour-Abdollah, Mohsen, Third Party Claim to The Object of Sale. Tehran: Dadgostar; 2013. (in Persian)
Tousi, Sheikh Abou-Jafar Mohammad Ibn Hassan, Book of Disagreement, Qom: Seminary Teachers' Association, 1986. (in Arabic)

Files

History

  • Receive Date: 29 July 2019
  • Revise Date: 01 February 2025
  • Accept Date: 02 September 2019

Share

How to cite

Statistics