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Law/human sciences collageof Yazd Azad university
Abstract
Due to the many uncertainties surrounding the legal provisions for the crime of forging and using the document, this crime has become one of the most serious crimes against public welfare and social systems. Deficiencies such as the lack of legal definition of this crime, the failure to express all its legal implications, ambiguity in the subject matter of the crime, whether it merely observes the document, the writing or the contents of each bill? And the dispersion of the legal element of the crime of forgery and the use of a foreign document in various laws and the multiplicity of different legislatures that lead to confusion in the recognition of the rules of unconscientiousness, the general and the particular, the absolute, and the imposition of the crime, are one of the issues that affect the ambiguities of this Crime has increased in legislative and judicial procedures. What has been considered in this article is considering these issues and providing solutions to these problems. It seems that the legislator should consider such cases as absolute, or absolute crime forgery, the aggregation of all forging materials in one place, and the avoidance of dispersion in the process, compliance with the principle of proportionality of the offense and punishment, the elimination of the ambiguity of the crime, the use of the document, and so on. In the criminalization of this crime.
