نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق خصوصی و اسلامی، دانشگاه تهران، تهران، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبایی (ره)، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most important crimes is theft.This theft, depending on the case, may be done by one or more people.Obviously,one of the guarantees of the serious and main execution of the crime of theft is the restitution of the property by the thieves.In the assumption that several people commit theft, i.e. steal another's property together, the main question is, to what extent are these people responsible for returning the property?Is their responsibility joint and several or relative?In response to this question, there are many differences of opinion in the judicial procedure.The majority of courts, especially the Supreme Courts, have strongly opposed the joint liability of partners in theft.Of course, there are few judgments that do not agree with this, and this conflict of opinions provided the basis for issuing a unified judicial precedent.According to the unified judicial precedent No.799 dated 2020/10/06,the responsibility of the partners in theft is relative; this means that they are responsible for the amount of property they have stolen, and if it is not possible to determine the amount of property, their responsibility is equal.Despite this, the unified judicial precedent No. 799 can be criticized.In fact, it appears that the liability of partners in theft is joint and several.In other words, the thief is the usurper, and according to the rules of usurpation,the responsibility of usurpers is joint and several.Of course, the imposition of joint and several liability does not mean the final establishment of responsibility,rather, each thief is responsible for the amount of property she/he stole, and if it is not clear how much each thief stole, their responsibility is equal.However,the purpose of this article is to answer the aforementioned question in an analytical-descriptive manner and with a broad look at judicial opinions, jurists' opinions, doctrine and emphasizing on the mentioned unified judicial precedent.
کلیدواژهها [English]
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