The Crime of Transferring Others’ Property: Their Features and Conditions

Morteza Eidi¹

1) Criminal and Criminology Master Of Law degree.Science and Research Branch.Islamic Azad University.Semnan.Iran

Publication : 4th International Conference On Research Science And Technology(4rstconf.com)
Abstract :
One of the components of the transferring others‟ property criminalization element is the crime issue and it can be inferred from the article one evidences of 1302 and 1308 laws that the subject of such crime is property. Such property has some certain features and conditions such as being movable and immovable, materialistic, beingtangible, profitable and belonging to others. In our criminal laws, any seizure or intervention of the owner in his property including selling, renting and so on which bears any right for another person, except in the case of confiscated property , if it is not inconsistent with the act of seizure, it is not considered a crime because the proprietor ownership regarding the profitability and tangibility of the item still persist. Also, the partner s deedon transferring the shared property beyond his share is coupled with illwill deeds which is subject article one of Law1308. No private owner property transfer such as public property, and permissible property (Mobahat) without any compliance to the rules and regulations as well as unknown owner property transfer as an absolute involuntary disclaimeror relative disclaimer and other conditions may apply to a specific criminal offense or the illegitimate acquisition of wealth which is not considered as transferring others‟ property.
Keywords : Crime Issue Property Transfer Other