نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The historical course of guaranteeing the execution of a transaction with the intention of evading debt in Iranian law can be examined from both legal and criminal perspectives. The Iranian legislator has expressed its criminal policy for the first time in the Law on the Execution of Financial Convictions approved in 1972 regarding transactions with the intention of evading debt. After that, in 1998, a new law with the same title was passed, Article 4 of which stipulated an execution guarantee similar to that established in the previous law. Finally, in 2015, the legislator expressed its final will regarding such transactions in a law under the same previous title. According to Article 21 of the latter law, transferring property to another in any way by the debtor with the motive of evading debt is considered a crime, provided that the remaining property is not sufficient to pay the debt. The legislator's lack of clarity and transparency in defining this crime and using the term "transfer of property" in an absolute manner has created ambiguity regarding the time of commission of this crime. The failure of this article to specify the exact time of the transfer of property to commit the aforementioned crime led to the dispersion of judicial opinions in similar cases and ultimately to the issuance of unanimous decision No. 774 dated 01/20/2019 by the Supreme Court of the Republic of Iran. According to this decision, the crime of transferring property with the intention of evading debt is committed only when the debtor attempts to transfer his property after issuing a final judgment establishing the debt and requiring payment. Despite being in line with the principles of protecting the accused and the need for a narrow interpretation of criminal laws, the issuance of this decision has violated the rights of the victim and deprived him of the protection of the criminal justice system. On the other hand, it has not determined an enforcement guarantee for the obligors of enforceable documents. The present study has been conducted with the aim of examining and criticizing the aforementioned cases using a critical-analytical method and has ultimately led to the presentation of the necessary results and suggestions to the legislator in order to adopt a clear and transparent approach
کلیدواژهها English
