Document Type : scientific
Author
Assistant Professor of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran
Abstract
One of the fundamental challenges facing Iranian legal doctrine and judicial practice is the issue of criminalizing fingerprint forgery or misuse of fingerprint whites; because 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 seal whites or signature whites (Article 673 of the Criminal Procedure Code of 1375), the legislator is silent about fingerprints. Therefore, considering the affirmative aspect of fingerprints in Iranian judicial practice, there is an ambiguity as to whether fingerprints can be considered as signatures or not? Using a descriptive-analytical and library method, while expressing various viewpoints, the author believes in accepting the viewpoint that forgery of fingerprints of all individuals, whether illiterate or literate, whether unable or able to sign, and also misuse of fingerprint whites of these individuals is a crime. Of course, this view has also been accepted by the legislator in the draft bill to amend Chapter 5 of the Islamic Penal Code (Tazirat) 1403.
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