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Forgivability of Theft in the Law of Reduction 2020 and its Legal Consequences
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Masoud Ghorbani Kandsari1   , Mahdi Mohammadian Amiri2  , Hamidreza Seyfifar3 |
1- PhD Student, Department of Jurisprudence and Fundamentals of Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
2- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. (Corresponding Author)
3- M.A Student, Professor, Department of Criminal Law and Criminology, University of Shahid Beheshti, Tehran, Iran. |
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Abstract: (421 Views) |
Background and Aim: In Article 11 of the Law on Reduction 2020, the Iranian legislator has made it possible to forgive some crimes that were previously unforgivable in order to reduce the prison criminal population, to turn toward restorative justice policy and remove the burden of certain crimes from the shoulders of judicial courts and to reduce the entry of criminal cases..
Materials and Methods: This is a descriptive study.
Ethical Considerations: All ethical principles governing research have been observed in the presentation of this article.
Findings and Conclusion: According to articles 656, 657, 661 and 665 of the Ta'zirat Law, if the value of property is not more than two hundred million Rials, they are among the crimes that can be forgiven under Article 104 of the Ta'zirat Law. That is, to commit a crime up to a certain amount of money is forgivable and beyond that amount is unforgivable. In fact, this action is in conflict with all criteria and policies of separating the forgivable crimes and is also completely non-legal and non-judicial and is more of a social approach. With this legislative action, the crime of theft, which is one of the most obvious crimes against public order and security, has been considered forgivable; that is, as long as the plaintiff does not complain, the prosecutor does not have the right to pursue the defendant, and as a result, it causes the robbers to be rude and subsequently we see an increase in petty theft, which destroys public order and security.
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| Keywords: Theft, Forgivable Crime, Law on Reduction. |
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Full-Text [PDF 630 kb]
(165 Downloads)
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Type of Study: Applicable |
Subject:
Special
Received: 2022/09/6 | Revised: 2025/02/13 | Accepted: 2022/11/16 | Published: 2022/12/22
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