نوع مقاله : پژوهشی
نویسنده
دانشیار گروه حقوق، واحد قائمشهر، دانشگاه آزاد اسلامی، قائمشهر، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the fundamental legal challenges in the Iranian criminal law is the issue of criminalizing fingerprint forgery or misuse of blank used fingerprint; since despite referring to the words "signature or seal" in the criminalization of forgery (Article 523 of the Criminal Procedure Code of 1375) and misuse of blank used seal or signature (Article 673 of the Criminal Procedure Code of 1375), the legislator is silent about fingerprints. Therefore, considering the affirmative aspect of fingerprints in the Iranian judicial practice, there is an ambiguity as to whether fingerprints can be considered as signatures or not? Using a descriptive-analytical and library research method, the results of the study indicate that there are different points of view in legal doctrines. The first view holds that forgery of fingerprints or misuse of it is absolutely a criminal offense. The second view believes that such actions are absolutely no crime. A third view (the opinion of the author) can be imaginable, so that the forgery or misuse of fingerprints of illiterate persons or those incapable of signing is a criminal offense, while such forgery or misuse of literate and capable of signing is no crime. In the present situation, considering the cons and pros of the two mainstream points of views and statutes that necessitate obtaining the fingerprint of special persons and holding their signature non-effective and also the necessity of reliance of the judge to principles of interpretation of criminal law the third view should be served as criterion which holds merely forgery or misuse of fingerprints of illiterate persons of those incapable of signing can be considered criminal, even though the first view conforms with social and judicial realities better. This view should be considered in future legislative amendments.
کلیدواژهها [English]
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