Theft and related laws

Theft or theft and all related laws and penalties

Stealing or stealing is the term of seizing and seizing another person’s property illegally and without his permission
According to the law, the thief or thief must return the stolen property if it is available or pay the price to the owner if the property is not available
Theft does not only affect individuals but also legal entities and companies

Purpose of theft

Theft _Ali Mohsenzadeh Law Office
Theft _Ali Mohsenzadeh Law Office

Purpose of theft

The purpose of the theft can also be different, for exampleSell stolen property and make money
Use the stolen property in the life of the thief
( Use of property for illegal work ( eg use of a stolen car for smuggling or other illegal activities
Damage to the owner of the property due to enmity
But according to statistics, most of the motives for stealing are to get money from stolen property

Types of theft

Personal theft 

It is one of the types of theft, and in the sense that the thief’s fine reaches the limit, it is a shar’i punishment set in Islamic countries
There are special conditions for plagiarism, and in order for the limit to be set, all the conditions set for it must apply

Necessary conditions to determine theft

Maturity of the thief
The purpose of the theft is clear and the thief is aware of his action
The thief did not steal in a state of helplessness
The thief was aware that his work was forbidden

The theft did not take place in the year of the famine
The stolen property was not government property
The thief has not repented before proving his guilt and has not regretted his work
The owner did not forgive the thief

If any of the conditions of the limit does not exist, the theft is not considered a limit and falls into other categories
But the punishment provided by Islam and the laws for this type of theft is that if it is proven in the first instance, the thief will cut off four fingers from the beginning of the finger so that only the thumb and palm remain, and in the second instance the amputation of the foot. The thief left the bottom of the ridge, leading to life imprisonment for the third time and execution at the end and fourth time

Prayer theft

Penal theft is a theft that does not meet the conditions of the hadd and is specified in the penal code, in which case the judge will issue a verdict according to the type and manner of theft

Armed robbery

Armed robbery occurs if an armed robber threatens the security of the people with a weapon and causes terror
Articles 651 and 652 of the Iranian law refer to armed robbery. Article 651 states that a thief shall be sentenced to 5 to 20 years in prison and 74 lashes if he meets the following conditions

The number of thieves was 2 or more
Theft was committed at night
Someone has been harassed or threatened while stealing
One or more people carrying weapons, apparently or secretly
They climbed the wall of the stolen place or broke the fence of the place or used a fake key

Have put themselves in someone else’s shoes, for example, have introduced themselves as agents
They have robbed and harassed someone in a place where they live or are ready to live

However, according to Article 652, if a thief carries a weapon or harasses a person while stealing, he is sentenced to three months to 10 years in prison and 74 lashes according to the law of the Islamic Republic. And if he commits another crime, he will be sentenced to the same crime

Theft _Ali Mohsenzadeh Law Office
Theft _Ali Mohsenzadeh Law Office

Punishment for armed robbery of banks and jewelry stores

According to the law, when one or more people steal from a jewelry store or gold shop with a gun, whether they use a gun or not, they will be sentenced to life imprisonment if they steal property and to death if they kill
If the thieves do not succeed in stealing against their will and no murder occurs, they will be sentenced to 5 to 10 years in prison according to the law

Is the punishment for stealing with a firearm different from stealing with a weapon

The law does not differentiate between stealing with a firearm and stealing with a firearm, and everyone has the same punishment

Steps to file a complaint and report and follow up on theft

If you have been robbed in any way, you need to file a complaint and provide evidence to prove the theft. If you are unfamiliar with the rules and how to pursue your case, it is recommended that you file your complaint with an experienced lawyer. Leave it in the criminal field to speed up your work and reach a fair result

Criminal case lawyer

If you are involved in armed robberies such as armed robbery, ta’zir, hadd, etc., you can take advantage of our guides and advice. According to the observations, criminal prosecutions usually require sufficient information and an experienced lawyer in that field to be able to Achieved the desired result

Ali Mohsenzadeh is an experienced lawyer in the field of criminal cases and has a basic license of a lawyer who can help our dear compatriots in such criminal cases. You can easily contact us with the services and advice of Ali Mohsenzadeh. Use a basic lawyer with more than 10 years of legal experience

4 August 2020
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