The mens rea of the crimes committed by notaries from the perspective of law and principles of economic fiqh
Notaries have a high position in the Iranian legal and registration system, and an important part of the registration process is done through them. The expectation from notaries is not only not to commit offenses and crimes, but also to help the registrar in preventing registration crimes, but in some cases this expectation has not been met and crimes have been committed by notaries.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
In relation to the psychological element of the crimes committed by notaries public, in most cases these crimes are considered as intentional crimes and the intentional proof of the notary public is necessary for the perpetrator to commit the crime. This issue does not correspond to the position and importance of the notary public, and it would have been better if the notary's serious fault was also recognized as a psychological element of the crime in the case of registration crimes.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
In some registration offenses, such as the notary public refusing to provide documents where necessary, the legislature has criminalized this behavior, regardless of the intentional element, in which case criminal error and fault are also recognized as psychological elements.
- 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.