Jurisprudential Analysis of Compensation in Fraud Crimes in the Light of the Unified Judicial Precedent NO.811 of the Supreme Court

Ayoobi Yazdi, Maryam

doi:10.22034/ejs.2024.419781.1566

Jurisprudential Analysis of Compensation in Fraud Crimes in the Light of the Unified Judicial Precedent NO.811 of the Supreme Court

Document Type : research

Author

Maryam Ayoobi Yazdi

Masters of Student, Department of Criminal Law and Criminology, Faculty of Theology and Islamic Studies, University of Meybod, Meybod, Iran

10.22034/ejs.2024.419781.1566

Abstract

Background and Aims: one of the examples of fraud crimes is the sale of another's property which was mentioned in unified judicial precedent No.811 of the Supreme Court. In addition to imprisonment, Law considers monetary punishment for selling another's property that can not be compensation for damage. According to the jurists, based on principles of " No Harm", Causation, Pride and Wasting, the need to compensate damage becomes meaningful. The purpose of present study is to analyze compensation in fraud crime and its sentence in the light of unified judicial precedent No.811 based on the jurist’s opinion.
Method and Materials: Research method is descriptive_analytical.
Ethical Considerations: In present study the principle of trustworthiness, honesty, and text originality have been observed.
Findings: The seller must compensate the buyer for the decrease in the price value.
Conclusion: Based on jurisprudential rules, the necessity of compensation can be considered along with the decrease in the price value. Therefore, no damage should be left uncompensated.

Keywords

Fraud

The Sale of Another's Property

Compensation

the Decrease in Price Value

Subjects