The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Criminal Offenses of Unlawful Seizure of Funds and State Properties in Iran's Budget Laws

Document Type : Original Article

Authors
1 Ph.D. Student in Public Law, Kish International Campus, University of Tehran, kish, Iran
2 Assistant Prof. Department of Financial- Economic Law, Islamic Azad University South Branch, Tehran.
10.22034/mral.2024.2034331.1629
Abstract
The national budget law is the financial plan of the government that forecasts revenues, funding sources, and estimates expenditures for a fiscal year. Its objective is to implement government policies and systematize the income and expenses of the three branches of power. The importance of supporting the budget law led the legislator to incorporate Article 598 of the Islamic Penal Code (Penal Section) to criminalize any unauthorized use of public resources by executive managers and officials under the title of criminal unlawful seizure of funds and state properties. In this study, using a descriptive-analytical method, the criminal responses to operational discrepancies between planned expenditures and their execution methods in the budget law have been examined. It was identified that the legislator sporadically criminalized certain behaviors involving deviations from the budget using the capacity of 'crimes regarding unlawful seizure of funds and state properties'. Therefore, many financial obligations and behaviors outside the two groups of general offenses and crimes regarding status lack criminal enforcement guarantees, facing a legal gap in this regard. To address this legal gap as a deficiency in the legislative and criminalization process and predicted enforcement guarantees, an amendment proposal to add a provision to Article 598 of the Islamic Penal Code (Book Five - Penalties and Preventive Penalties) has been suggested.
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Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 437-460

  • Receive Date 06 July 2024
  • Revise Date 23 August 2024
  • Accept Date 10 September 2024