The legal system for the crime of fraud in light of Iraqi and Iranian law

Abstract

One of the most important crimes, the most complex crimes, and the most advanced crimes is property fraud, which has become common today in a diverse and sophisticated manner in different societies from different countries. The most important thing that distinguishes this crime from other crimes committed against property, such as theft and breach of trust, is that in both laws The person who commits a crime with his consent disposes of his money and gives the option of fraud. However, the satisfaction resulting from his negligence can be inferred by studying and examining the crime of fraud in the laws of Iran and Iraq, which was carried out in an applied manner and in a descriptive and analytical manner. We reached the conclusion that in this crime there are similarities and differences in the laws of these countries, among which we can mention these cases, the first similarity. In the laws of both countries it is that the act of fraud is a conceivable positive act and fraud cannot be expected in the form of omission of the act. In other common cases, it can be said that lying is not the only reason for fraud, but that lying must be accompanied by resorting to fraudulent means. Fraud is punishable by both laws. But the difference between the two laws is that fraud in Iranian law includes movable and immovable funds, while in Iraqi law it includes only movable funds, and the penalty for fraud in Iranian law is more severe than the penalty for fraud in Iraqi law. Aggravated fraud penalty in Iranian laws in this article (Article 1 of the Law Punishment of Bribery, Embezzlement and Fraud). But it was not mentioned in the Iraqi Penal Code, but rather in the general rules that include all crimes. In Iranian law, the aggravating factors for fraud were mentioned in Article 1 of the law, which increased the punishment for bribery, embezzlement, and fraud, while Article 456 of the Iraqi Penal Code did not mention the aggravating factors for fraud.