نوع مقاله : مقاله پژوهشی
نویسنده
موسسه عالی فقه و علوم اسلامی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the conditions set in jurisprudence and Article 268 of the Criminal Code approved in 1392 for the implementation of the limit of theft is "the secrecy of the act of kidnapping". In order to better analyze and explain this condition, first of all, what does it mean to be secret, and should this element be present in all theft operations, and if such a person is seen with closed-circuit cameras, then the robbery has been realized? In the words of Shiite jurists, these questions have not been answered explicitly, and accordingly, the legislator's approach has not been precisely defined. In the preceding article, according to the narrations that were the main reason for the discussion, it was clarified that although there are eight possibilities in the interpretation of secrecy, the correct possibility is that the spirit of the kidnapping operation was secret and secret, even if people were ordinary people. or see his owner; Because what is included in the narrations is the interpretation of "Yakhd and Yakhfi" and the adverb "Yakhd" is not absolute, which includes openly taking, but it should be tied secretly, because otherwise there is a difference between theft and other things like embezzlement. It will not be created because in embezzlement and embezzlement, both properties are taken openly. In this abduction operation, it is enough to take the property secretly, because theft is "stealing an object secretly", therefore it is enough to remove the property from the amulet secretly, even if it is seen by a CCTV camera. to be
کلیدواژهها [English]