نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد گروه حقوق دانشکده علوم انسانی دانشگاه تربیت مدرّس
2 دانشجوی دکتری حقوق کیفری و جرم شناسی دانشگاه تربیت مدرّس
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
As a crime against property, “Forcible Entry and Detainer” has been criminalized from the beginning of legislation in Iran, but its application has expanded day by day. At the moment, Article 690 of the Islamic Criminal Code is the main legal element of this crime. The lengthy and vagueness of this article has caused an enormous controversy among theorists as well as practitioners. Thereupon a comprehensive examination of the crime and article is necessary. After reassessing the elements of crime, the paper going through the history, bearing in mind the legislator’s object and attending the rhetoric of code, seeks for a deep explanation of the crime. some outcomes are; six categories of crimes mentioned in the article 690 has separated and compared, intention for crime is necessary, the ownership of applicant is irrelative, the crime can be committed by act and omission, a real property belonging to another person (broadly speaking of another) has to be occupied, all forms of the crime are continual.
کلیدواژهها [English]
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