Pathology of the Imprisonment Suspension in the Crime of Embezzlement as a Lenient Condition

Document Type : Original Article

Authors
Abbas Asgari 1
mahdi rahmani 2
Amir Hosein Shakib Rad 3
1 PhD in Jurisprudence and Private Law, Shahid Motahari University, Tehran, Iran.
2 PhD student in Criminal Law and Criminology, University of Tehran, Tehran, Iran (Corresponding author)
3 PhD student in Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
10.48315/qgl.2025.475748.1138
Abstract
In the crime of embezzlement, like the crime of betrayal of trust, the subject of the crime is entrusted to the criminal, but due to the special status of this crime and its effect on public comfort, its punishment is higher than other similar crimes. Despite the special importance of this crime, the legislator established special conditions for this crime during the passage of the law on intensifying the punishment of the perpetrators of bribery, embezzlement and fraud, which is unprecedented compared to other similar crimes.According to note 3 of article 5 of this law, if the accused returns the entire embezzled amount before the indictment is issued, his prison sentence will be suspended. Given that embezzlement is a white-collar crime and it is committed by relatively high-level people, and according to the rational choice theory, the existing approach will encourage people to commit this crime, and the lack of inflation's effect on the property to be returned aggravates this. will do. In order to prevent this damage, it is better to remove these friendly conditions or cancel them according to Article 47 of the Islamic Penal Code, and if you insist on maintaining these conditions, it is better to return the property according to the inflation rate announced by the bank. central increase.
Keywords
Embezzlement, Suspension of punishment, Lenient Conditions, Economic crimes