Abstract
Unlawful seizure has the importance and a particular priority (from the criminal dimension) as one of the abuses of government officers than state and public funds and property in the legislative system. This importance is so strong that crimes in the unlawful seizure warrants in non-criminal laws in the years after the revolution. Unlawful seizure is including crimes against state property (in the general sense) tha<strong>t </strong>can be studied among criminal law from the crimes issues against property and ownership. Since the perpetrators of the crime are from the employees of governmental and public agencies Due to the lack of expertise, increasing the charge of the government and large volumes of laws and regulations are not aware of the three elements of the crime. Abundant contact of staff with the attracted target and their extension, that in the meantime, control all aspects of those objectives is facing constraints caused by government departments with the highest number of regulatory bodies in the field of witness. Also weakness of moral values and fading of the obscenity of crimes is caused reputational reduce costs and increase the number of perpetrators of crime detection, and is resulted the inability of management and supervisory institutions in the control of crime. In the prevention of this crime, relying on secondary prevention in people at risk of criminal policy can be effective, and training the various concepts and concepts that are effective in reducing crime. In any form, strengthening of regulatory bodies and religious and ethical values, transparency of rules as the best way of preventing or reducing crime in the area has been proposed. In this study, the author tries to explain the crime of illegal possession of public funds in accordance with the Code of Criminal Procedure the country. It should be noted that this type of research in the article will be libraries and analytical method, data and information.
Highlights
Unlawful seizure has the importance and a particular priority as one of the abuses of government officers than state and public funds and property in the legislative system
Unlawful seizure is including crimes against state property that can be studied among criminal law from the crimes issues against property and ownership
In order to resolve the gap, the lack of definition of unlawful seizure of state and public funds and property in the laws, some teachers have said the worthy definition that below are mentioned some of them:"Unlawful seizure is included embed unauthorized use of funds or securities or approved credits or documents or property belonging to the state or the treasury by an employee of the government agencies or other authorities mentioned in Article (598) of punishment."
Summary
The term "illegal" is as a negative adjective, in other words, negate structure is indicated change correct situation of a legal action to the criminal and improper state. The phrase of illegal in some works of great scholars of the "unauthorized" or "illegal" or "unlawful and forcible" is known synonymous, but it is obvious that mentioned description has been indicated on "unlawful seizure" versus "lawful seizure " that recent description is included "material and practical hands on something so that it holds the authority to make legislative intervention in the matter." in case of violation of law or the legal order has been used, and if it is committed or the subject of a criminal law should be part of the discussions, it can be caused to prosecute its perpetrator or perpetrators
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