Challenges for proceeding of Fault and fraud bankruptcy offenses in Iranian law

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Hajitabar Firozjaei Hasan

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Journal Paper

Paper Information

Journal: CRIMINAL LAW RESEARCH Year:2021 | Volume:9 | Issue:34 Page(s): 165-186

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Information Journal Paper

Title

Challenges for proceeding of Fault and fraud bankruptcy offenses in Iranian law

Author(s)

Hajitabar Firozjaei Hasan | Issue Writer Certificate

Keywords

Businessman

Bankruptcy

Fraud

fault

Procedure

Abstract

In Iranian law, Bankruptcy is considered a fault and a form of crime against property and possessions, which has been criminalized for violating the property rights of individuals and disrupting the economic system and public order. However, from a legal point of view, there are various legal challenges to the rules of Procedure governing these crimes, especially in determining the origin of the prosecution, the manner in which the prosecution is initiated, the necessity or non-necessity of issuing a writ of execution, and the observance of civil Procedure. Regarding the private aspect, it is discussed in this article and the following results have been obtained: First, the origin of the calculation of the pursuit time lapse must have been the date of the first non-payment of the merchant. Secondly, the criminal aspect of the mentioned crimes requires the issuance of a warrant if the necessary conditions are provided. Third, the claim for damages resulting from the above offenses - except for the rejection of property and rights subject to the offense - requires the observance of the Procedures of civil Procedure.

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