Selling other’s property

Selling other’s property

Selling someone else’s property is hidden in the term fraud crime and the following definition can be proposed for it:

Illegitimate and illegal transfer of any type of property belonging to another (whether it is the same property that is the subject of the transfer or its benefit) by persons, both real and legal, to another with bad intentions and preparing the previous preparations in the form of contracts in order to obtain material benefits unjustly is called the crime of transfer of another’s property. Whether it is movable or immovable does not make any difference in the essence of the story and in both cases, this is illegal and a crime.

Selling someone else’s property without permission is considered a fraud and therefore has a different nature from the term fraud which is “resorting to fraudulent means to take someone else’s property.” According to Article 1 of the Penal Law on the Transfer of Unapproved Property 1929, a person who transfers another’s property knowing that it is someone else’s property, objectively or beneficially, without legal permission, is considered a fraudster and is sentenced to the penalty of fraud.

The elements of the crime of selling another’s property

The elements of the crime of selling other property are as follows:

Legal element: According to the law of 1929 and the unanimous decision of the Supreme Court of the country, the punishment for the crime of transfer of non-subject property is the punishment specified in Article 1 of the law on intensifying the punishment of the perpetrators of bribery, embezzlement and fraud approved by the Expediency Council of 1988. Regarding the perpetrators of the crime of transfer of property, it can be said that the legal pillar of the crime of transfer of property is a combination of two laws approved in 1929 and 1988.

Material element: In the sale of property, there is no need for fraudulent means, neglecting the lost property and handing over the property to the fraudster. In this crime, the victim is not present at the scene of the crime in order to be negligent, but only the transfer of property by the perpetrator is sufficient. It constitutes the material element of the crime, and if it is a promise, the preparation of the promise and its signature constitute the material element.

Spiritual element: Maliciousness and intentionality of transferring property is not the psychological element of this crime. That is, a person must first intend to transfer someone else’s property, then transfer someone else’s property in order to be punished, but a person who transfers someone else’s property without intention and by mistake will not be punished.

Proving the crime of selling someone else’s property

In the crime of selling someone else’s property, loss is a condition for the realization of the crime, that is, the owner must suffer, so it must be done with malice and the resulting loss must have been caused by the perpetrator and the perpetrator must have done it with his own will, not under coercion. In this case, the crime of transfer can be proven and a lawsuit can be filed against the perpetrator.

Punishment for selling someone else’s property

Article 238 of the General Penal Code mentions the punishment for this crime. According to this article, a person who transfers someone else’s property, while knowing that this property belongs to someone else, and does this illegally, is subject to the crime of fraud and will be condemned. In the law of 2011 on the sale of other’s property, in addition to the rejection of the property and the payment of damages, the guarantee of criminal execution was also provided for this crime, and the perpetrator of the crime was called a fraudster. Also, the transferee, who is aware of the transferor’s lack of ownership during the transaction, whether the owner is informed of the transaction, and within one month after receiving the notification, he must notify the transferee and inform him of his ownership to the registry office or document offices. If the government does not surrender, it will be considered a crime.

Selling someone else’s property than common property:

The punishment for selling property that has multiple owners is called common property. In addition to their share, partners do not have the right to transfer their partner’s common share to another without his consent. This work is the transfer of non-property and crime. Also, according to Article 117 of the Registration Law, it seems that if the sale of common property is done in the first stage with a normal document to a person and then in the second stage is sold to another person with an official document, will be one of the instances of conflicting transaction. In the conflicting transaction, the external reality is that when the seller transfers it to another person during the execution of the second transaction, despite not having the ownership position, he has taken the position of ownership contrary to the fact, which is one of the examples of fraud and falsification of title is similar to fraud.

If you have any questions regarding the lawsuit for the sale of non-property and related legal rulings, or if you need guidance in the preparation and implementation of the provisions of the petition and the bill for the sale of non-property, our experienced consultants and lawyers in the Asia Lawyers Group will answer your questions.