The Role of Established Concepts of Civil Law in Explanation of Property Offences in Iran and UK Legal System

Various property offenses include intervening in people’s financial rights and interests; so it is always necessary to determine whether the people have such rights and interests in connection with those properties or not. The response will be found in the area of the role of established concepts of civil law, such as rules of property, contract or sub-contract law. So, on the whole, in relation to this matter that whether civil law issues are able to have any role in explanation of property offences, three main opinions (theories) have been provided; According to the first, in determining the financial crimes like theft (larceny or robbery), judges are inevitable to use such established concepts as they are well known in civil law. The second opinion believes that judges use the well-known concepts of civil law in criminal law and property offenses, by creating new definition and interpretation of them. And according to third opinion, judges and jury, not on the basis of established concepts of civil law as they are defined by its own rules and not pursuant to their new definition and interpretation of these concepts, but on the basis of an “independent and common sense” have answered this question and determined the limits and range of property offences.