Volume 4, Issue 2 (2000)                   IQBQ 2000, 4(2): 41-62 | Back to browse issues page

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Habibzadeh M J, Mansourabadi A. A Comparative Study of Embezzlement and Misappropriation of Public Property in Iranian Law. IQBQ. 2000; 4 (2) :41-62
URL: http://clr.modares.ac.ir/article-20-1466-en.html
1- Associate Proressor, criminal law and criminology Department Tarbiat Moddares University
2- Ph.D Candidate Tarbiyat Moddares University
Abstract:   (20553 Views)
Mohammad Jafar Habibzadeh Associate Professor, Criminal Law and criminology Department, Tarbiat Moddares University Embezzlement and misappropriation of public property are among crimes against public order. Both of which have certain characteristics in common, while they are different in other aspects. What relates these two crimes toghether is the characteristics of the offender, becouse in both cases the offender must be a "public employee or in a position to act as a public employee" and the essential difference between them would be the type and means of "criminal behavior". Consequently, the criminal behavior in embezzlement is "withdrawal and appropriation", while ill misappropriation of public property is "the employment, usage or illegal application" of public property. The subject of both crimes concerns with property essentially the government property or the property of the public domain. However, embezzlement concerns with personal property, while the misappropriation of public property concerns with both personal property and immovable property. Funds are not considered among misappropriation of public property, since if funds are appropriated the crime of embezzlement is committed. With respect to other properties, one must analyze the situation while considering the manner of interference and other aspects relating to the crime. In instances that the crime committed cannot be fully assessed or determined, and considering that embezzlement in its moral and materrial context requires conditions and elements which exceed misappropriation, and relying on the principle of ruling on behalf of the defendant, this criminal act will be regarded as misappropriation of public property rather than embezzlement.
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Received: 2012/04/27 | Accepted: 2012/04/27 | Published: 2012/04/27

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