چکیده:
Fraud, as one of the most important crimes against property and ownership, is distinctly differentiated from other crimes against property due to its unique characteristics, including a complex material element, the specific status and personality of the perpetrators, and the method of committing the crime – which usually occurs on a large scale collectively and traps numerous victims. This necessitates a particular level of scrutiny regarding its various aspects. Examining the constituent elements of this crime – especially the material element – from the perspective of technical criminal law is particularly prioritized due to the multiplicity of components of the material element and the ambiguities present in the legal element (Article 1 of the Law for Strengthening the Punishment of Perpetrators of Bribery, Embezzlement, and Fraud) compared to other aspects. The criminalization of the offense under the title of obtaining property through illegitimate means, with its broad and ambiguous scope according to Article 2 of the aforementioned law, necessitates an examination and presentation of a reasonable and logical interpretation of this article. In this research, first, some of the ambiguities and complexities of the material element are described, and suggestions are made to resolve them. Then, the material element of the latter offense is examined in terms of determining its precise and logical scope.
خلاصه ماشینی:
The criminalization of an offense under the title of acquisition of property through illegitimate means, with its broad and ambiguous scope according to Article 2 of the aforementioned law, necessitates examining and providing a reasonable and logical interpretation of this article.
Considering the components constituting fraud as a composite crime and the ambiguities in Article 1 of the Law for Intensifying Punishment of… the material element of the aforementioned offense in Iranian criminal law has been the subject of debate and disagreement, and consequently, judicial practice in this area also lacks harmony and coherence.
This article stipulates: “Anyone who assumes a forged name, title, or position or resorts to deceptive means and deceives people into believing in the existence of fictitious companies or businesses or factories, or into believing that they have fictitious powers or credits, or gives them hope for unreal matters, or frightens them with unreal events, and by this means obtains or seeks to obtain funds, documents, tickets, receipts, account settlements, and the like, or intends to consume all or part of the property of others, shall be sentenced to one to three years of correctional imprisonment and five days to six months of redeemable imprisonment, and in addition, he may be deprived of the rights mentioned in Article 72 for a period of five to ten years from the date of completion of the punishment.
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