The Status of Criminalization of Forgery and Abuse of Blank used Fingerprint in Iranian law

Document Type : Research Article

Author

Associate Professor, Department of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.

Abstract

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.

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Main Subjects

References

Amid, Hasan (1962), Persian Dictionary, 12th Ed., Tehran, Amir Kabir Publication. [In Persian]
Aghaienia, Hosain and Rostami, Hadi (2024), Special Criminal Law (Property Crimes), 5th Ed., Tehran, Mizan Publication. [In Persian]
 Aghaienia, Hosain and Rostami, Hadi (2023), Special Criminal Law (Crimes Against Public Order), 3rd Ed., Tehran, Mizan Publication. [In Persian]
Ansari, Valiollah (2000), Science Detection of Crimes, 1st Ed., Tehran, Samt Publication. [In Persian]
Azmayesh, Ali (2002), Utterances of Criminal Law, First Version (Property Crimes, second part), political Sciences and Law Faculty, Tehran University [In Persian]
Bazgir, Yadollah (1996), Theft, Forgery and Breach of Trust in Verdicts of Supreme Court, 1st Ed., Tehran, Judiciary Publication. [In Persian]
Barani, Mohammad (2023), Forgery and Camouflage in Act and precedent of Iran, 10th Ed., Tehran, the Press Centre Judiciary Publication. [In Persian]
Dianati, Abdollah (2012), Application of Fingerprinting in Detection of Crime, Karagah Journal, Namber 24. [In Persian]
Elahimanesh and Ojghaz Moradi (2021), Special Criminal Law (property Crimes), 1st Ed., Tehran, Majd Publication. [In Persian]
Elahimanesh and Ojghaz Moradi (2020), Special Criminal Law (Crimes Against Security and Public Order), 1st Ed., Tehran, Majd Publication. [In Persian]
Fazli, Amir (2021), Penal Analysis of Elements Forgery Crime and Using of Forged Object in Iranian Criminal Law, Journal of Modern Approaches in Islamic Studies, Namber 12. [In Persian]
Goldozian, Iraj (2008), Special Criminal Law, 13th Ed., Tehran, Teran University Publication. [In Persian]
Goldozian, Iraj (2013), Description of Islamic Penal Act, 3rd Ed., Tehran, Majd Publication. [In Persian]
 Habibzadeh, Mohammad Jafar (2013), Special Criminal Law (Property Crimes), 5th Ed., Tehran, Samt Publication. [In Persian]
Mansorabadi, Abbas and Fathi, Mohammad Javad (2010), Forgery and Kindred Crimes, 1st Ed., Tehran, Samt Publication. [In Persian]
Mirmohammad Sadeghi, Hosein (2025), Criminal Law (Crimes Against Public Order), 3rd Ed., Tehran, Mizan Publication. [In Persian]
Moazenzadegan, Hosein Ali and Arbbi Hamidzadeh, Najaf (2012), Application of Fingerprinting in Detection of Crime, Karagah Journal, Number 24. [In Persian]
Moayedi, Mohammad Saleh (2020), Investigation of Abuse of dowry and signage White, Iranian Political Sociology Journal, Number 11. [In Persian]
Mosallai, Alirwza (2007), ), Forgery and Camouflage in Iranian Criminal Law, edited 2, Tehran, Thirty Line Publication. [In Persian]
Poorarshad, Nader (2010), Signage in Iranian Law, Private Law Research, Number 1. [In Persian]
Pymani, Ziaoddin (1987), Booklet of Special Criminal Law Lesson, political Sciences and Law Faculty, Tehran University. [In Persian]
Salari, Mehdi (2006), Special Criminal Law (Forgery), 1st Ed., Tehran, Mizan Publication. [In Persian]
Salari Shahr Babaki, Mirza Mehdi (2013), Special Criminal Law (Analysis of Forgery and Camouflage), 1st Ed., Tehran, Jangal Publication. [In Persian]
Soleimanpoor, Mohammad (1950), Forgery of Documents in Iranian Law and Comparative Study, 1st Ed., Tehran, Ganje Danesh Publication. [In Persian]
Shambayati, Hoshang (2018), Special Criminal Law (Crimes Against Public Order), 3rd Ed., Tehran, Majd Publication. [In Persian]
Sharifi, Mohsen (2024), Hought of Approachof Bill of Islamic Penal Act (Tazirat) About Forgery Crime and Using of Forged Object, Criminal Law Doctrines Journal, Number (2810.30513/CLD.2025.6339.2026).  [In Persian]
 Shiri, Abbas (2021), Special Criminal Law (Forgery), 3rd Ed., Tehran, Mizan Publication. [In Persian]
Validi, Mohammad Saleh (1382), Special Criminal Law 3, ), 3rd Ed., Tehran, Payamenoor University Publication. [In Persian]
Zeraat, Abbas (2005), Special Criminal Law (Property Crimes), 5th Ed., Tehran, Fekrsazan Publication. [In Persian]
Websites:
 https://davoudabadi.ir/page/8053176. 
 https://ara.jri.ac.ir/Judge/Text/8027. 
 https://vokalapress.ir/. 
 https://maxasecurity.com/blog/fingerprint-forgery 
Criminal Law Doctrines
Volume 22, Issue 30 - Serial Number 30
December 2025
Pages 139-166

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History

  • Receive Date: 24 November 2025
  • Revise Date: 27 February 2026
  • Accept Date: 01 April 2026
  • Publish Date: 22 December 2025

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