نوع مقاله : مقاله علمی پژوهشی
نویسنده
استادیار گروه حقوق جزا و جرم شناسی، واحد نیشابور، دانشگاه آزاد اسلامی، نیشابور، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Imami jurists consider common property as property in which the partnership is realized, in such a way that each part of the single object is at the same time the property of each of them. Accordingly, in crimes against common property, important problems arise, because each given part of the object is both the property of the possessing partner and the property of the other partners. Therefore, if viewed from the perspective of the possessor, he has possessed his own property, and his act is devoid of criminal aspect, but from the perspective of the other partners, the possessor has possessed their property and is a criminal. In Article 277 of the Islamic Jurisprudence, the legislator has accepted the theory of the realization of the crime of theft in common property, based on the well-known view of the jurists. However, there are other views in explaining the nature of possession; The present article examines the subject using an analytical-descriptive method, and the findings of the research show that the subject of the crime of theft is "property belonging to another" and based on none of the theories mentioned in explaining the nature of dissemination, it is not possible to establish the ownership of property to another in the theft of a partner from common property. As a result, the necessity of establishing the subject prevents theft from common property from being considered criminal in cases where the property of another is not proven.
کلیدواژهها [English]
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