بروزرسانی در تاریخ 1401.03.13
سرقت کردن عبارت است از ربودن مال متعلق به غیر.
ربودن در لغت به معنای برداشتن
و به چنگ آوردن است. پایه اصلی سرقت،
ربودن مال دیگران بدون اجازه و رضایت صاحب اصلی آن می باشد.
موضوع سرقت مالی است که قابلیت تملک و ربودن را داشته باشد.
هر چیزی که قابل تغییر به پول باشد مال محسوب می شود.
قابلیت ربودن مال، به معنی لزوم منقول بودن مال موضوع جرم میباشد و نتیجه سرقت
خارج شدن مال از حیطهی اقتدار مالک است. بنابراین جرم سرقت مقید به نتیجه است.
انسان مال محسوب نمیشود؛ بنابراین ربودن فرد انسانی سرقت محسوب نمی شود.بلکه جرم مستقل دیگری است.
سرقت در قانون مجازات اسلامی از نظر مجازات دو قسم دارد.
اول سرقت های موجب حد پیش بینی شده در بخش حدود،
دوم سرقت های تعزیری ساده و مشدد پیش بینی شده در بخش تعزیرات.
به موجب ماده ۲۶۸ قانون مجازات اسلامی سرقت در صورتی که دارای شرایط زیر باشد موجب حد است:
1.شیئ مسروق شرعاً مالیت داشته باشد.
2. مال مسروق در حرز باشد.
3. سارق هتک حرز کند.
4. سارق مال را از حرز خارج کند.
5. هتک حرز و سرقت مخفیانه باشد.
6. ارزش مال مسروق در زمان اخراج از حرز، معادل چهار و نیم نخود طلای مسکوک باشد.
و …
به موجب ماده 651 قانون مجازات اگر سرقت جامع شرایط حد نباشد عنوان تعزیری خواهد داشت و مجازاتهایی از جمله حبس و شلاق تعزیری دارد.
حد سرقت بیش از سهم فرد در مال مشاع مشروط به رسیدن به حد نصاب موجب اجرای حد سرقت است.
چنانچه سرقت مقرون به آزار باشد و یا اینکه سارق از سلاح استفاده کرده باشد از موارد تشدید مجازات خواهد بود.
حد سرقت در مرتبه ی اول قطع چهار انگشت دست راست سارق، در مرتبه دوم،
قطع پای چپ سارق از پایین برآمدگی،
در مرتبه سوم، حبس ابد و در مرتبه چهارم، اعدام است هرچند سرقت در زندان باشد.
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