Challenges of Article 1 of the Law on Punishment of Persons Whom Conspiracy to Take Another’s Property, approved in 1928 In the light of the law reducing the punishment of imprisonment imposed in 2020

Rezvani Jouibari, Naser

doi:10.22106/jcr.2022.539610.1359

Challenges of Article 1 of the Law on Punishment of Persons Whom Conspiracy to Take Another’s Property, approved in 1928 In the light of the law reducing the punishment of imprisonment imposed in 2020

Author

Naser Rezvani Jouibari

10.22106/jcr.2022.539610.1359

Abstract

After criminalizing fraud in the former General Penal Code adopted in 1925, the legislator tried to eliminate these gaps by enacting special laws or declaring cases in other laws as fraud due to legal gaps in some cases. Among these laws is one that punishes those who demonstrate conspiracy to take another’s property. The lawmakers classified the conspirators’ actions as fraud and linked the offense to Article 238 of the previous General Penal Code. Despite the principle of the right to sue for all following Article 34 of the constitution, determining the punishment, its effects, and conditions, as well as the persons subject to the law subject to Article 1 of that law, has been a difficult task, according to the next version of the General Penal Code. For over a century, there has been contention amongst judges and jurists, which has resulted in varying interpretations of the law and divergent perspectives. Thereby, considering this matter, and with a particular emphasis on the judicial authority’s verdict, it was attempted in this article to provide solutions to resolve the issue and put an end to the disagreement by criticizing and reviewing it.

Keywords

Fraud

Conspiracy

Criminalization

Reference of punishment