نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق کیفری و جرم شناسی، دانشکده علوم انسانی دانشگاه آزاد اسلامی، واحد تهران شمال، ایران، تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The crime of embezzlement in Iranian criminal system, as one of the most important examples of economic crimes, according to the note of Article 36 of the Islamic Penal Law approved in 1392, has been the concern of the legislator for a long time and for the first time, the extent of this crime has been explained in the General Penal Law approved in 1304. At present, the three elements of the crime of embezzlement are mentioned in Article 5 of Intensifying the Punishment of Bribery, Embezzlement and Fraud Perpetrators Act approved in 1367. Examining the criminal system of Islamic countries such as Iraq, Egypt and Turkey in order to identify legal challenges and reform proposals confirms the remarkable similarity in the three elements of the crime of embezzlement in the Islamic countries, despite the difference in the scope and territory of the said crime, as well as the amount of legal punishments. Therefore, in this article, considering the importance and necessity of explaining the concept of embezzlement with a comparative approach and the use of library resources, through analytical-descriptive method, in addition to the pathology of the legislator's approach to the crime of embezzlement, the legal challenges caused by ambiguity in the crime of embezzlement are identified and in order to prove the necessity of revising the legal definition of this crime and removing the ambiguities, with a glimpse of the criminal system of Egypt, Iraq and Turkey and with respect to the existence of some similarities and differences in terms of the elements of crime and punishments, suggestions for future reforms have been presented.
کلیدواژهها [English]
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