Betrayal of the property entrusted to the detriment of the owner or possessor, which is realized in the form of one of the four behaviors of use, appropriation, loss or loss, is called betrayal of the trust. In common property, according to the definition of civil law and the recognition of jurists, the partner or partners are partners in all components of property. Considering that "being another" must be established in crimes against property; The realization of the crime of betrayal of trust in common property has been questioned and has led to disagreements between lawyers on the other hand and the source of procedural differences in the courts. This doubt is exacerbated when the legislator has provided for the commission of the crime of theft in common property in Article 277 of the Islamic Penal Code. In addition, in the case of destruction, the vote of unity of procedure 10 - 1355/7/21 recognizes the realization of this crime in the common property . To this end, we decided to use a descriptive analytical method and using library resources. Also, by looking at the judicial opinions, we should look for a basis so that we can end the disputes and fragmentation of opinions in this regard and the principles; It is the protection of the victim; Maintaining public order; Criminal protection of individual property; We found fairness and justice and lack of special characteristics in the destruction and theft and the crime of betrayal of trust in the common property.
Asadollahi,A . (2022). The Basics for committing the crime of betrayal of trust in common property by looking at judicial rulings. Ray (Judicial Case Review), 11(40), 121-136. doi: 10.22106/jcr.2023.551251.1398
MLA
Asadollahi,A . "The Basics for committing the crime of betrayal of trust in common property by looking at judicial rulings", Ray (Judicial Case Review), 11, 40, 2022, 121-136. doi: 10.22106/jcr.2023.551251.1398
HARVARD
Asadollahi A. (2022). 'The Basics for committing the crime of betrayal of trust in common property by looking at judicial rulings', Ray (Judicial Case Review), 11(40), pp. 121-136. doi: 10.22106/jcr.2023.551251.1398
CHICAGO
A Asadollahi, "The Basics for committing the crime of betrayal of trust in common property by looking at judicial rulings," Ray (Judicial Case Review), 11 40 (2022): 121-136, doi: 10.22106/jcr.2023.551251.1398
VANCOUVER
Asadollahi A. The Basics for committing the crime of betrayal of trust in common property by looking at judicial rulings. Ray (Judicial Case Review). 2022;11(40):121-136 (In Persian). doi: 10.22106/jcr.2023.551251.1398