Faculty of Law and Political Sciences, Shiraz University, Shiraz, Iran
Abstract: (5719 Views)
Abstract
The purpose of this paper is: (a) to briefly examine the issues related to the element of compensation in the crime of forgery and to discuss different views expressed about it; and (b) to clarify ambiguities regarding the element of compensation in the crime of forgery that either have not been addressed in the writings of jurists or addressed differently with conflicting results.
Therefore, the paper, firstly, describes and examines the element of compensation in the crime of forgery by relying on the opinions of the Iranian Supreme Court and the views of the criminal lawyers, and analyses the views on the basis of the Islamic Punishment Law. Secondly, it explains the conditions and factors necessary for the formation of the element of compensation in the crime of forgery. In contrary to some views that some of these factors are essential in forming the element of compensation in the crime of forgery, the present paper indicates that they are not essential and that they are just necessary conditions for forming such an element. In addition, the paper analyses the related theories and tries to find proper answers to the possible questions.
Finally, the paper, by relying on various views and opinions expressed by lawyers, discusses the issue of compensation with regard to any illegal change in invalid documents.
Received: 2005/06/13 | Accepted: 2007/01/17 | Published: 2007/06/22