A COMPARATIVE STUDY OF EMBEZZLEMENT AND
MISAPPROPRIATION OF PUBLIC PROPERTY IN IRANIAN
LAW

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HABIBZADEH M.J.; MANSOURABADI A.

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Journal Paper

Paper Information

Journal: MODARRES HUMAN SCIENCES Year:2000 | Volume:4 | Issue:2(Tome 15) Page(s): 41-62

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Information Journal Paper

Title

A COMPARATIVE STUDY OF EMBEZZLEMENT AND MISAPPROPRIATION OF PUBLIC PROPERTY IN IRANIAN LAW

Author(s)

HABIBZADEH M.J. | MANSOURABADI A. | Issue Writer Certificate

Keywords

EMBEZZLEMENTQ4

MISAPPROPRIATIONQ4

WITHDRAWALQ4

APPROPRIATIONQ4

BREACH OF TRUST.Q4

Abstract

EMBEZZLEMENT and MISAPPROPRIATION ofpublic property are amollg crimes against public order. Both of which have certaill charaCteristicsin common, while they are different in other aspects. What relates these two crimes toghether is the characteristics of the offender, becouse in both cases the offender must be a "public employee or in a position to act as a public employee" and the essential difference between them would be the type and means of "criminal behavior". Consequently, the criminal behavior ill EMBEZZLEMENT is "withdrawal and appropriation", while ill misappropriation of public property is litheemployment, usage or illegal application" of public property. The subject of both crimes concerns with property essentially the goverment property or the property of the public domain. However, EMBEZZLEMENT concerns with personal property, while the misappropriation of public property concerns with both personal property and immovable property. Funds are not considered among misappropriation of public property, since if funds are appropriated the crime of EMBEZZLEMENT is committed. With respect to other properties, one must analyze the situation while considering the manner of interference and other aspects relating to the crime. In instances that the crime committed cannot be fully assessed or determined, and considering that EMBEZZLEMENT in its moral and materrial context requires conditions and elements which exceed misappropriation, and relying on the principle of ruling on behalf of the defendant, this criminal act will be regardedas MISAPPROPRIATION of public property rather than EMBEZZLEMENT.

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APA: Copy

HABIBZADEH, M.J., & MANSOURABADI, A.. (2000). A COMPARATIVE STUDY OF EMBEZZLEMENT AND MISAPPROPRIATION OF PUBLIC PROPERTY IN IRANIAN LAW. MODARRES HUMAN SCIENCES, 4(2(Tome 15)), 41-62. SID. https://sid.ir/paper/6787/en

Vancouver: Copy

HABIBZADEH M.J., MANSOURABADI A.. A COMPARATIVE STUDY OF EMBEZZLEMENT AND MISAPPROPRIATION OF PUBLIC PROPERTY IN IRANIAN LAW. MODARRES HUMAN SCIENCES[Internet]. 2000;4(2(Tome 15)):41-62. Available from: https://sid.ir/paper/6787/en

IEEE: Copy

M.J. HABIBZADEH, and A. MANSOURABADI, “A COMPARATIVE STUDY OF EMBEZZLEMENT AND MISAPPROPRIATION OF PUBLIC PROPERTY IN IRANIAN LAW,” MODARRES HUMAN SCIENCES, vol. 4, no. 2(Tome 15), pp. 41–62, 2000, [Online]. Available: https://sid.ir/paper/6787/en

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