Authors
Abstract
The holy legislator, and following it the lawgiver of the There have always been some ambiguity in the criminal law of Iran about the joint ownership, concerning the fulfillment of offences against the right of ownership. The main objective of this article is to cast some light on the problem and consider the ways in which the problem might be solved. We believe that, according to the developements of the Criminal Code, and according to the rules about being offensive in the subjet under disscusion, the generalization of the rule to other fields, which are not mentioned explicitely in the current rules, is in contrast to the Criminal Rule and its commentary. But if the partner takes more than his(her) share (illegally), the prescribed punishment of hand-cutting is justified and discretionary punishment insofar as the stolen property is equell or less than his(her) share, seems more reasonable.
Keywords
)