بررسي تطبيقي اركان جرم سرقت مسلحانه با عناوين مشابه

A Comparative Study of the Elements of the Crime of Armed Robbery an‎d Similar Offenses

حقوق

Abstract Armed robbery, as one of the serious crimes against property an‎d public security, holds a special position within legal systems an‎d, due to its association with threats an‎d violence, is considered among the most significant offenses affecting public safety an‎d social order. In the Iranian legal system, armed robbery overlaps conceptually an‎d legally with other criminal categories, such as moharabeh (waging war against God), ifsad fi al-ard (corruption on earth), an‎d extortion, making the accurate an‎d precise identification of these offenses crucial for the determination of appropriate punishments. This study adopts a comparative approach to examine the constituent elements of armed robbery under Iranian criminal law an‎d compares them with similar offenses. Accordingly, the research also elucidates the position of these crimes within Iran’s criminal justice system, focusing on jurisprudential principles an‎d legal foundations, an‎d addresses potential conflicts among criminal statutes. The findings indicate that, in many cases, conceptual overlaps between these offenses create ambiguity in distinguishing the type of crime an‎d determining the corresponding punishment, which can, in some instances, lead to the enforcement of unjust rulings. Consequently, the study offers recommendations to clarify legal ambiguities an‎d to establish more precise regulations for accurately differentiating these offenses, thereby enhancing the consistency an‎d accuracy of the judiciary in dealing with such crimes. Furthermore, the findings suggest that revising legal definitions an‎d providing clear criteria for distinguishing these offenses can improve judges’ efficiency in issuing rulings proportionate to the nature of the crime an‎d reduce discretionary interpretations in criminal proceedings. Additionally, the study indicates that leveraging the experiences of other legal systems regarding the definition an‎d delineation of similar offenses can serve as an effective model for reforming Iranian criminal law an‎d contribute to the development of a more coherent an‎d responsive legal framework for addressing violent an‎d security-related crimes. Keywords: Armed robbery, Moharabeh, Corruption on earth (ifsad fi al-ard), Extortion, Judiciary, Judicial interpretation

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