عنوان مقاله [English]
Pathology of illegal possession offence shows that there are some challenges. serious different opinions about whether this crime is conditional on the element of ownership or possession of the victim; Ambiguity in the existence of the element of property belonging to another despite the common ownership of the perpetrator; Illegal element presence or absence in the conduct arising from the contract or the execution of right; Disproportionate and vague legal penalties, uncertainty in the implementation of lapse of time are most important shortcomings. Purpose of the research with Collecting and studying data from library sources and judicial decisions and descriptive-analytical method is presenting ideas and reasonable measures based on the balanced protection of private property and public order. The research findings prove that this crime can be committed with elements of ownership or previous possession and with illegal possession of common property by each partner. Presence of illegal element in possession arising from the contract or the execution of right; Necessity to enact proportionate and several punishments are other research findings.