نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکترای حقوق جزا و جرمشناسی و مدرس دانشگاه، مشهد، ایران (نویسنده مسئول)
2 کارشناسی ارشد حقوق بشر، دانشگاه مازندران؛ بابلسر، ایران.
3 دانشجوی کارشناسی ارشد حقوق خصوصی، دانشگاه غیر انتفاعی اشراق.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the conditions of theft is that the stolen property is placed in a amulet. The jurists disagree with each other about the concept of amulets and determining its examples, and this difference is mainly due to different hadiths that have been introduced in this context. In general, it can be said that the most important basis for distinguishing amulets is that it is left to custom, just the same opinion that the legislator followed in Article 269 of the Islamic Penal Code approved in 1392. However, there are traditions that discuss whether or not they are amulets, such as stealing money from a pocket and similar cases that are discussed by jurists. But in the field of emerging examples, there are no special texts, such as internet thefts, which according to the definition provided of amulet, virtual space, amulet file is electronic data, that is, in fact, the position and location of computer information, it is a file that is usually encrypted It is locked, so there is theft of amulets in computer thefts, as a result, if there are other conditions, it is subject to the limit of theft.
کلیدواژهها [English]
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