Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The role of property in criminal cases and its economic effects

Document Type : .

Authors
1 PhD Student Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
2 Assistant Professor Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran
3 . Associate Professor Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
10.22034/ejs.2022.335653.1207
Abstract
Background and Aim: The role and impact of property as a solid legal entity on criminal litigation becomes more obvious and its analysis necessary, changing the course and fate of a criminal lawsuit due to the acquisition or non-acquisition of ownership of the perpetrator or the victim on the property of the subject of the crime.
Materials and Methods: This research is of descriptive-analytical type and the author has conducted the research by library method and preparing receipts and referring to various laws, regulations and articles.
Ethical considerations: In the present study, fidelity in speech quoting has been considered by the authors as a moral requirement.
Results: The research findings indicate the significant role of ownership in the realization of the subject of criminal litigation and also its design. The effects of this situation will vary depending on the segregation or dispersal of the property subject to the crime.
Conclusion: In case of non-possession of the property of the innocent person on the property of the subject of the crime, the realization of the criminal act and the subject of the criminal lawsuit will be eliminated. The effect of ownership on criminal claims related to confiscated property is relative, and in the case of common property, with the exception of destruction and theft subject to hadd, it leads to the annulment of a criminal act and the filing of criminal lawsuits.
Keywords

- Smith, J.C., Hogan, B., Criminal Law, 11th ed, London, Oxford University Press, 2005.