Jurisprudential Legal Explanation of Confiscation of Property in Drug Crimes

Nazari Tavakkoli, Saeid; Azizollahi, Hojjat

Volume 14 - IJMEHM 2021, 14 - : 248-264 | Back to browse issues page

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Nazari Tavakkoli S, Azizollahi H. Jurisprudential Legal Explanation of Confiscation of Property in Drug Crimes. IJMEHM 2021; 14 :248-264
URL: http://ijme.tums.ac.ir/article-1-6368-en.html

Jurisprudential Legal Explanation of Confiscation of Property in Drug Crimes

Saeid Nazari Tavakkoli ^*

¹, Hojjat Azizollahi²

1- Professor, Faculty of Theology, University of Tehran, Tehran, Iran
2- PhD student, Faculty of Theology, University of Tehran, Tehran, Iran

Abstract: (1195 Views)

Drug crimes, regardless of the economic consequences, have threatened public and individual health and determined the international community to combat them effectively. Therefore, in the laws in question, confiscation of property is considered as a punishment for criminals of drug crimes; while from a jurisprudential point of view, this punishment has faced challenges. The findings of the present study performed using descriptive-analytical method and based on library sources show that the legislator has accepted the confiscation of property as a punishment for some drug crimes in article 18 of the Law on Medical and Pharmaceutical and Food and Beverage Regulations. According to jurisprudence, although man has the right of ownership over his property and assets, it does not mean he is absolute owner. According to special circumstances and assuming the existence of public interests, this right can be ignored in the form of confiscation of property provided that other deterrents to committing drug offenses are not applicable.

Keywords: Drug crimes, Drug, Confiscation of property, Jurisprudence

Full-Text [PDF 472 kb] (485 Downloads)

Type of Study: Research | Subject: Madical law
Received: 2021/01/31 | Accepted: 2021/07/11 | Published: 2021/03/21