Theft

Theft

One of the most important crimes against property is theft. The Islamic Penal Code adopted in 2013 stipulates in Article 267: It is the theft of property belonging to another. The subject of theft is something to which the act of abduction is committed and to which rights are granted that are protected by law. The legislator has stated many conditions explicitly or implicitly for this issue, which are: the property or object of the stolen property, the materiality and the ability to move and seize the property, the movability of the stolen property, the belonging of property to others at the time of theft and departure The property or object is from the possession of the possessor and its entry is in the possession of the thief.

The three main elements of theft

Three main elements are necessary to commit the crime of theft:

Material element: In the crime of theft, the material element in the form of theft means moving, seizing and possessing the property, as well as the secrecy of the act of theft. Try to take someone else’s property.

Spiritual element: It is the intention to commit a crime that in addition to general malice, the intention to possess as a specific malice is necessary. In order to commit the crime of theft, the existence of criminal intent and the knowledge of the thief on the property of non-stolen property is important, so the crime of theft is a public crime that is always committed with malice.

Legal element: The principle of legality of crime and punishments is that the legislator should criminalize the issue in order to punish the perpetrator and without the legal element, the perpetrator can’t be punished.

Types of theft

Theft is divided into different forms according to the type of punishment and its nature:

A) Limited theft

In Article 266 of the new Islamic Penal Code, the legislator has specified the conditions for theft. These conditions are as follows:

• The stolen object is legally taxed. This means that the stolen property must have a legal value, otherwise it is not considered theft.
• The stolen property is in the amulet. Amulet means a suitable place where the mystics of property are protected from theft. Like a safe.
• The thief does not insult. Insult means to destroy; Blasphemy means destroying the storage place of the property, such as opening or breaking the safe of the safe.
• Take the thief out of the amulet. That is, after insulting the amulet, the thief himself must take the property out of it in order to be considered a partial theft. For example, if A unlocks a safe and B removes property from the safe, it is not considered a partial theft because according to this article, in order for a limited theft to take place, the thief must commit an amulet and he must remove the property from the amulet.
• Blasphemy and theft are secret.
• The thief is not the father or paternal grandfather.
• The value of the stolen property at the time of removal from the amulet is equal to four and a half coins of gold coins.
• The stolen property is not government or public property, public endowment or endowment for public purposes. That is, limited theft is only for private property, and theft of public property is a different crime from limited theft.
• Do not steal in times of famine.
• The owner of the property complains to the judicial authorities about the thief.
• The owner does not forgive the thief before proving the theft.
• The stolen property does not belong to the thief before the crime is proven.
• The stolen property should not be placed in the hands of the owner before the theft is proven.
• The stolen property is not itself property that has already been stolen or usurped.

B) Punishment theft

Ta’zir theft is a theft in which the thief does not meet the conditions for enforcing the hadd, and the judge or the judge of the court will punish him accordingly. Therefore, any theft is a Ta’ziri unless it is proven to be limited, because Ta’ziri theft has no other condition than the general rules. Conditions for Ta’zir theft In Article 651 of the Islamic Penal Code, the Ta’zir section states that if the theft is not comprehensive, but meets all five of the following conditions, it will be Ta’zir theft:

1- If the theft is at night.

2- There are two or more thieves.

3- One or more of them were carrying weapons, apparently or secretly. The weapon means the following:

A) Types of firearms such as rifles and grenades;

B) Cold weapons such as clubs, swords, knives, knives and boxing claws;

C) Types of cold steel weapons, including conventional bulwark functions in the Armed Forces of the Islamic Republic of Iran or similar, and spearheads that can be mounted on rifles;

D) Types of hunting weapons, including shotguns, rifles for anesthetizing animals, and Aquatic animal hunting rifles;

4- The thief has climbed the wall, or broken the amulet (ie, a suitable place where the property is usually kept to prevent theft and remove the property), or made a key, or from the title or clothes of government officials To use or, contrary to the truth, to introduce himself as a government official, such as the police, or to steal where there is a place of residence or a place to live or its functions.

5- The thief or thieves harassed or threatened someone during the robbery.

If you have any questions regarding the theft case and the theft crime and related legal provisions, or if you need guidance in preparing and enforcing the provisions of the petition and the theft bill, our experienced consultants and lawyers in the Asia Law Group will answer your questions.