Culmination of Law

Culmination of Law

The scope of fraud and contractual relations; in the light of the judicial procedure and the penal system of England

Document Type : Original Article

Authors
PhD Student in Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran
10.22034/thdad.2023.2007443.2510
Abstract
In the case of fraud, when contractual relations are involved, it is necessary to be ignored the solutions of civil law and rely on the objective aspects and rules of criminal law, by referring to the fundamental principle of "independence of criminal law", to establish the criminal elements. According to this, in the present research, in a descriptive-analytical way, with an emphasis on Iran's judicial procedure and the English legal system, it has been attempted to study the effect of legal and contractual relations on the commission of fraud. Accordingly, in the English penal system, "civil fraud" can be prosecuted by the prosecution under one of the forms of fraud. In Iran's jurisprudence, the "principle of independence of criminal law" has not been developed much, and often, encountering contractual relationships is the reason for issuing a verdict for staying the proceeding or an acquittal. However, apart from the titles, tools and solutions of civil law, the process and manner of concluding the contract must be examined to ascertain the criminal intent and the actus reus.
Keywords
Subjects

Persian sources
Elliott and Quinn, Catherine and Frances, 2019, English Criminal Law, translated by Ali Hashish, Ni.
Amin, Seyyed Amir Mehdi, 2009, The concept of fraud and its place in Iranian, English and Imamiyya jurisprudence law, No. 47 and 48, Quarterly Journal of Legal Perspectives of the Faculty of Judicial Sciences and Administrative Services.
Tangestani, Mohammad Ghasem, 2019, Criteria for Identifying State-Owned Companies, 2nd Edition, Judiciary Press and Publications Center.
Jafari Langroodi, Mohammad Jafar, 2019, Mediator in Legal Terminology, 2nd Edition, Ganj Danesh.
Habibzadeh, Mohammad Jafar, 2019, Analysis of the Crimes of Fraud and Breach of Trust in Iranian Criminal Law, 7th Edition, Dadgostar Publishing.
Hosseini Moghadam, Sadati Arabi and Firuzi Rad, Seyed Hassan, Seyed Mehdi and Mustafa, 2019, The Effect of Fraud Attributed to a Third Party on the Status of Transaction in Iranian Law and Imami Jurisprudence, Scientific Journal of Contemporary Legal Studies, Year 11, Issue 20.
Heydari, Elham, 2013, Standard of Proof in Criminal Claims in Criminal Proceedings in Iran and England, Volume 43, Issue 4, Law Quarterly, Journal of the Faculty of Law and Political Sciences.
Khodabakhshi, Abdullah, 2011, The Scope of Contract and Criminal Law, Issue 76, Journal of Justice Law.
_________, 2019, The Fundamental Distinction between Civil and Criminal Law, Third Edition, Shahr Danesh.
Sajjadian, Naqeeb and Ibn Turab, Maliheh Sadat, Seyed Abolghasem and Maryam, 2019, Guarantee of Fraud in Jurisprudence and Law, Year 12, Issue 48, Journal of Nameh Elahiyat.
Salimi, Sadegh, 2008, White Collar Criminals and Iranian Criminal Policy, Law Quarterly, Volume 38, Issue 4, Pages 239-254.
Shafiei Alavijeh, Qasem, 2011, Conditions of Pride Generating Civil Liability in Iranian and English Law, Year 13, Issue 33, Law and Politics Research Quarterly.
Shidayian and Nosrati, Mehdi and Yazdan, 2018, Identification and Challenges of Criminal Prosecution with a View to English Law, Volume 23, Issue 82, Judicial Law Perspectives Quarterly.
Sheikh-ol-Eslami, Abbas, 2019, Investigation of the Realization of the Crime of Fraud; Critique of the judgment number 9709972191700001, Branch 1042 of the Criminal Court of the Second Judicial Complex of Shahid Ghodousi, Tehran, Judiciary Quarterly, No. 100.
Sadeghi, Gholam Ali, 1400, Formal Transactions and Escaping Religion in Judicial Procedure and Supreme Court Decisions, First Edition, Judiciary Press and Publication Center.
Safaei, Seyed Hossein, 1387, General Rules of Contracts, Sixth Edition, Mizan Publishing.
Abdollahi, Afshin, 1397, History of Judicial Procedure in Iran in Relation to the Islamic Penal Code, Volume 7, Second Edition, Judiciary Press and Publication Center.
Katouzian, Nasser, 1376, General Rules of Contracts, Volume 5, Publication Joint Stock Company in collaboration with Bahman Borna.
_______, 1386, Introductory Course in Civil Law (Legal Actions - Contract - Inheritance), Twelfth Edition, Publication Joint Stock Company.
Golpayegani, Mehra, Mahdavi Sabet and Saffari, Mohammad Reza, Nasrin, Mohammad Ali and Ali, 1401, The Position of Liability for Compensation in the Light of Pseudo-Crime in the Criminal System of Iran and England, Year 13, Quarterly Journal of Political and International Research.
Mehra, Nasrin, 1400, Encyclopedia of Criminal Law of England, Second Edition, Mizan.
Mirshekari, Abbas, 1396, Practical Treatise on Contract Law, Publishing Company, Third Edition.
Najafi Abrandabadi and Hashembeiki, Ali Hossein and Hamid, 1390, Encyclopedia of Criminology, Second Edition, Ganj Danesh.
English
Button, Lewis & Tapley, 2010, Fraud typology and victims of fraud, University of Portsmouth.
Derry v Peek, [1889] 14 App. Cas. 337.
Levi, Michael, 2013, Regulating fraud: White-collar crime and the criminal process, Routledge.
Fisher, Jonathan, 2016, Fraud in Civil and Criminal Law, in the Research handbook on international financial crime, edited by Barry Rider, Edward Elgar Publishing.
Slapper & Kelly, Gary & David, 2003, the English Legal System, 6th edition, Cavendish Publishing Limited.
Witting, Christian, 2021, Street on Torts, United Kingdom: Oxford University Press.
Electronic
UK Law Publication System at: www.legislation.gov.uk
Judiciary Research Institute National Judicial Opinion System at: www.ara.jri.ac.ir
Judicial Sessions System at: www.neshast.org
Financier Worldwide website at (last visited January 27, 2023): A consideration of civil and criminal fraudulent activity and consequences — Financier Worldwide
Official Gazette of the Islamic Republic of Iran website at: www.rrk.ir
Major Fraud Office (SFO) website at: www.sfo.gov.uk
CPS website at: www.cps.gov.uk
HM Revenue & Customs (HMRC) website at: HM Revenue & Customs - GOV.UK (www.gov.uk)