Time limit in Crimes Related to Unauthorized Transfer of Property Exceeding one Billion Rials (Analysis of Judgments Rendered by the Courts of the province of Mazandaran)
Following the codification of the Islamic Penal Act of 2012 and the Reduction of Imprisonment Act of 2019, the tendency of the legislator is to expand the scope of amicable institutions, including postponement of judgment and suspension of punishment, the system of partial release, alternative punishments to imprisonment and more favorable laws for the accused, including the expansion of the scope of time limit for various crimes. It seems that such an attitude has led to the expansion of the scope of all types of time limits for crimes tantamount to fraud or those that have the punishment of fraud, as well as crimes considered as fraud and also crimes pertaining to unauthorized transfer of property mentioned in the Punishment Pertaining to Unauthorized Transfer of Property Act involving any amount or sum of money. The legislator's lack of clarity on this issue led to differences of opinion and different interpretations by jurists and judges and the issuance of scattered judgments. Therefore, it is necessary for the legislator to end the disagreements by passing a legal article or a binding precedent rendered by the Supreme Court. In this article, by relying on the library method, analyzing the law and judicial decisions and the fact that the objection to the time limit pertaining to the offense of unauthorized transfer of property exceeds more than one billion Rials has been accepted by some judicial authorities of Mazandaran province, the solution and legal analysis necessary to end the differences of opinion and adopt a single legal precedent has been presented.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.