Fraud Analysis in Iran and Egypt Law
Abstract
Fraud is one of the most common crimes in most countries (including Iran and Egypt), the cause of which can be mainly found in the economic motives of the perpetrator which in addition to harm to the victim, society is not immune from harm and for this reason, the Iranian legislature in Article 109 of the Islamic Penal Code adopted in 2013 has explicitly classified fraud as an economic crime. The swindler has deceptive language tools, regardless of fraudulent means. Interestingly, the components and characteristics of a fraudulent personal behavior from the perspective of linguistics are the observance of the principle of etiquette, not insistence on persuading the other party and the appropriate physical context. This crime is considered as (white collar crimes). Fraud is similar to misappropriation of property other than theft and betrayal of a trust, but it has special characteristics which distinguishes it from the above-mentioned crimes, including the use of fraudulent means, deception of property, and the surrender of property by her to the fraudster, is a special feature of fraud that there is not in other crimes. In this study, we will comparatively study the crime of fraud in the law of Iran and Egypt, and in particular, we will examine the indirect fraud and fraudulent study of services in the law of these two countries.
Keywords
Full Text:
PDFReferences
Books
Afrasiabi, Mohammad Ismail (1995), General Criminal Law, Vol. 1, Ferdowsi Publishing.
Golduzian, Iraj (2003). The Edge of the Islamic Penal Code, Majd Publications, Second Edition.
Habibzadeh, Mohammad Jafar (1985). Fraud in Iranian law, published.
Hajjarian, Mohammad Hassan (2011). Penal Code of the Arab Republic of Egypt, Publication of the New Thought Plan, First Edition.
Kathiri, Mojgan (2018). A Comparative Study of Fraud in (Iran and Egypt), published by Shaparak Sorkh, First Edition.
Mir Mohammad Sadeghi, Hossein (2006). Crimes against property and ownership, Mizan Publishing, second edition.
Reza, Noorbaha (2006). General Criminal Law, Ganj-e-Danesh Publications.
Sanei, Parviz (1993). Public Criminal Law, Ganj-e-Danesh Publishing, Volume 1, First Edition.
Sayyah, Ahmad (1992). The Great Comprehensive Arabic-Persian Culture 3- Amid, Hossein (1985), Persian Culture, Volume One, Amir Kabir Publications, Tehran Publishing, 17th edition.
Sheikh Tusi, Abu Ja'far, Mohammad Hassan. (1964). The End in the Single of Jurisprudence and Fatwas, University of Tehran.
B- Theses
Khanlari Al-Mashiri, Abdolreza (2004), A Comparative Study of Fraud in Iranian and Egyptian Criminal Law, M.Sc. Thesis, Shahid Beheshti University
Gholamnejad, Hamid (2017), Differentiation and commonalities of fraud in Iranian and Egyptian law, Razaviyeh Institute of Higher Education
Mohammad Siahparani, Fatemeh (2015) A Comparative Study of the Crime of Fraud in Iranian and Egyptian Law, M.Sc. Thesis, Islamic Azad University, Shahroud Branch
Tayyar, Javad (2001), Fraud in Criminal Law of Iran and Egypt, Master Thesis, Imam Sadegh (AS) University
Pak Tinat Saeij, Abdullah (1997), Comparison of fraud in Iranian, Syrian and Egyptian law, M.Sc.
C- Articles
Abdollahpour, Akram (2013). The crime of fraud and its constituent elements in Iranian law, Journal of Justice, No. 100, 17.
Amini Mahboubeh - Rahdarpour Hamed- Changai, Farshad (2012). Rethinking the crime of fraud as a compound crime, Quarterly Journal of Criminal Law Research, No. 5.
Biabani, Gholam Hossein (2012). The position of gaining trust in the crime of fraud, Detective Magazine, Year 6, No. 21.
Ejlali Soomehsarai, Mohammad Reza- Golbaghi Masouleh, Seyed Jabbar (2015). Investigating the Punishment of Fraud from the Perspective of Imami Jurisprudence and Iranian Law - Islamic Azad University - Rasht Branch.
Ghiyasi, Jalaluddin- Nik Nasab, Abbas Ali (2014). Fraudulent study of services, Journal of Criminal Law, Fifth Year, Second Issue.
Habibzadeh, Mohammad Jafar (1996). Fraud in Comparative Law, Legal Journal of Justice No. 17 and 18.
Koosha, Jafar-Rezaei, Rahmatollah (2009). A Comparative Study of the Punishment of Fraud in Iranian and French Law and Imami Jurisprudence, Research Journal of Islamic Law No. 30.
Naghibi, Abolghasem-Toulaei, Rahmat (2017). Installation Criteria, Rulings and Effects on Installation in Imami Jurisprudence, Scientific-Research Quarterly of Jurisprudence and Principles, Journal of the Faculty of Theology, Ferdowsi University of Mashhad No. 1- Serial Number 108.
Nekounam, Vahid (2016). Discussion on Crimes in the Conviction of Fraud, Quarterly Journal of Political Science Studies, Jurisprudence Law, Second Year No. 1/3.
Nikvarz, Mohsen (2014). Mediated Fraud in Iranian Law, Electronic Law Journal.
Nourian, Alireza (2016). Competent Judicial Authority in Investigating the Crime of Fraud, Quarterly Journal of Judicial Procedure No. 2.
Razavian, Hossein-Jalili Davab, Maryam (2017). Analysis of Linguistic Characteristics of Scammers: A Case Study of Semnan Province, Journal of Language and Linguistics, No. 26.
Yazdani, Morteza-Malekzadeh, Mojgan (2015). Comparing the Punishment of Traditional Fraud and Internet (Modern) Fraud, Judicial Journal, December and January No. 113.
DOI: http://dx.doi.org/10.18415/ijmmu.v8i5.2675
Refbacks
- There are currently no refbacks.
Copyright (c) 2021 International Journal of Multicultural and Multireligious Understanding
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
https://ijmmu.com
editor@ijmmu.com
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.