Transfer of other’s property

The crime of transferring property to others

According to the current regulations of the country and according to the legal principles governing the penal system, the transfer of property is considered as an example of criminal behavior for which the law provides for punishment. The commission of the crime requires the existence of conditions under which the perpetrator can be punished.

The crime of transferring another’s property can be defined as follows: a person who trades another’s property with the knowledge and awareness that the said property belongs to another, and this transfer may be made in relation to the object or benefit of the desired property. According to the definition provided in the transfer of property, it is not necessary for the person who committed the crime to commit such behavior knowingly and knowing that the property belongs to another, and if the person thinks that this property belongs to him or a legal right. Or a contractor for the transaction of this property commits such behavior. The said act is not a crime and can not be punished.

Article 1 of the Unapproved Property Transfer Penalty Law of 1929 stipulated:

A person who transfers property to another with the knowledge that it belongs to another in any way, directly or for any benefit without legal permission, is considered a fraudster and is sentenced according to Article 238 of the General Penal Code. Owned by the transferor. If the owner is notified of the transaction and does not submit a declaration to the transferee within one month after receiving the notification and informing him of his ownership, he will be considered a deputy of the crime.

General Penalty Law has been repealed and is not valid, according to the current regulations of the country, if the perpetrator of the crime is convicted, the current laws should be cited and the punishment of the convicted person should be determined according to the current regulations and laws. According to the consensus decision number 594 approved on November 22, 1994, the General Board of the Supreme Court, according to the repeal of Article 238 of the General Penal Code, currently the perpetrator is punished according to Article 1 of the Law on Intensifying the Punishment of Bribery, Embezzlement and Fraud, approved in 2017 by Expediency Council.

Therefore, at present, the judge issuing the verdict in the investigating authority must determine the punishment for the perpetrator of the crime of transfer of property, based on Article 1 of the Law on Intensifying the Punishment of Perpetrators of Bribery, Embezzlement and Fraud approved in 1988.

The punishment for this crime is imprisonment for one to seven years and payment of a fine equivalent to the money received and the rejection of the property, and if the perpetrator is a government employee, he will be sentenced to permanent dismissal from government service. The legislature also criminalizes a transferee who is not the property of the transferee at the time of the transaction.

The reason that the crime of transferring property is considered as fraud and the punishment for the crime is imposed on him is that the perpetrator acts in order to commit criminal behavior with trickery and deception and introduces himself instead of the main owner of the property in question. And all of these behaviors are deliberately committed knowingly. Because, as mentioned, the crime of transferring property is one of the intentional crimes and the person who commits such behavior by mistake has no criminal responsibility and will not be punished.

Transfer of non-legal property

Transfer of property other than without a legal permit means that a person, without being the owner of the property or having a power of attorney or representation from the owner, or without any legal right to trade and transfer another property, and this transfer, as mentioned, including It is from the object or benefit of the desired property. This means that, for example, a person may sell another property, in which case the same transfer is said to have taken place.

If a person rents another property, in this case it is said that the benefit of the property has been transferred to another. Therefore, the main point in the transfer of property without legal permission is that the perpetrator has no authority, whether legal or contractual, to transfer the property in question.

Transfer the property of others to yourself

As mentioned, the transfer of property is a non-criminal act for which the law provides for punishment, and the criminality of this act requires conditions in which fraudulent acts and malice are its main elements. In fact, it should be said that in the transfer of non-individual property, he fraudulently and falsely introduces himself as the main owner and transfers the desired property, whether the object or the benefit, to another.

Therefore, in the transfer of property to another, because the person does not have malice and fraudulent acts towards another and has only transferred the property to himself, his behavior can not be punished as a crime and the person who commits the said act can not be punished. According to the principle of innocence in criminal law, he will have no criminal responsibility.

Transfer of non-movable property

An important point to consider when transferring property is what kind of property the criminal behavior involves. In a classification of the subject of the crime in question, it should be said that the transfer of other property includes both the same property and its benefits. Therefore, a person who rents out another property can be held criminally liable and punished for the crime. In the second division of the subject of the crime in question, it should be said that according to the application of the legislator who has mentioned the property in absolute terms, it should be said that the crime of transferring other property includes both movable property such as cars and immovable property such as property or house.

In the second division of the subject of the crime in question, it should be said that according to the application of the legislator who has mentioned the property in absolute terms, it should be said that the crime of transferring other property includes both movable property such as cars and immovable property such as property or house.

In another division of the crime in question, it can be said that the crime includes both tangible and immaterial property such as intellectual property rights. For example, a person may transfer the trademark registered in his name to another without the owner’s knowledge.

Transfer of non-communal property

An important argument in the transfer of non-property is that the crime of transfer of property can be committed in common property that has multiple owners? Is there a criminal liability if the common property partner transfers part of the property to another without the permission of his partner?

In answer to this question, it should be said that if all the property belongs, there will be no doubt that the perpetrator is a criminal. In addition, in the case of communal property, the transfer of its share in the form of distribution by one of the partners is not included in the penal provisions of the transfer of property. However, different decisions have been issued by the Supreme Court regarding the transfer of their share as a foreclosure or in addition to their share, as in other crimes against property.

You can contact the Asia Lawyers Group to file a criminal case for transfer of property so that our consultants and lawyers can guide you to the ultimate goal with the best guidance.