مجازات متخلفان فروش مال غیر در دادگاه های ذیصلاح مورد بررسی قرار می گیرد.
مرجع صالح جهت رسیدگی به شکایت مورد نظر دادسرایی می باشد که جرم در آن حوزه رخ داده است
و به طور معمول محل تنظیم قول نامه و یا دفترخانه ای است که سند در آن منتقل شده است.
و بدین ترتیب بایستی برای شکایت از فردی که مال و اموال شما را به شخص دیگری منتقل نموده است،
شکایت خود را به دادسرای محل ارائه نمایید.
فروش مال غیر در کنار این که به یک نفر ضرر و زیان وارد می کند
موجب بر هم خوردن نظم و آرامش جامعه نیز می شود.
و از همین رو قانون گذاران برای آن مجازات های سنگین و سختی را نیز تعیین نموده اند که به صورت زیر است:
_ حبس و زندانی شدن از یک الی هفت سال
_ بازگرداندن مال به صاحب اصلی اش
_ پرداخت نمودن جزای نقدی برابر مال که دریافت نموده است.
_ در صورتی که مرتکب کننده ی جرم از کارکنان دولت باشد
در این صورت به طور مادام العمر از خدمات دولتی محروم خواهد شد.
چگونه مال را بازپس بگیریم؟
در صورتی که فروش مال غیر در دادگاه ثابت شود، فرد مجرم موظف است
تا مال را به صاحب اصلی اش برگرداند که اصطلاح به این کار رد مال گفته می شود.
و البته این تنها یکی از مجازات هایی است که شامل فروشنده ی مال غیر می شود.
این کار البته زیاد آسان نبوده و با این که دادگاه کیفری به رد مال رای می دهد
ولی در صورتی که ملک مورد نظر با سند رسمی ه فرد دیگری انتقال داده باشد،
در این صورت مالک ملک بایستی بعد از ثابت کردن جرم در دادگاه کیفری از راه طرح دادخواست
در محکمه های حقوقی و باطل کردن سند حقوقی و همین طور خلع ید را صادر نماید
که در این موارد مشاوره حقوقی با یک وکیل متبحر در این زمینه می تواند برای شما بسیار کمک کننده باشد.
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