Modern Jurisprudence and Law

Modern Jurisprudence and Law

Jurisprudence - legal review of the crime of transferring property to someone else

Document Type : Original Article

Authors
sakine kabiri 1
Aliakbar Jahani 2
1 Mazandaran university
2 Islamic jurisprudence and fundamentals of law, Mazandaran University
10.22034/jml.2023.2009980.1294
Abstract
According to Article 1 of the Penal Law regarding the transfer of non-property, the crime of transfer of non-property can be realized in two ways; First, transfer of property to a third party (other than the transferor) and second, transfer to oneself. And this issue has led to the formation of two opinions and two judicial procedures in this field.In the present study, we are trying to answer the question of who is meant by "other" in the text of the said law, using a descriptive-analytical method and relying on library research. Does the transferee have to be a person other than the transferor, or can the description of transferor and transferee be combined in one person? Finally, referring to the meaning of "transfer" which is a subjective and creditable matter and the use of the word "other" and paying attention to the philosophy of legislation and respect for the property rights of individuals, we came to the conclusion that the realization of the mentioned offense in the assumption of transferring the property of others to oneself It is envisioned. Because what is relevant is the transfer of property from the owner to the non-owner, and the fact that the "other" must be a third party and other than the transferor, is not relevant.
Keywords
"transfer"
"other's property"
"third party"
"to yourself"

Subjects