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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SPRING 2010 , Volume 12 , Number 28; Page(s) 279 To 300.
 
Paper: 

CRIMINAL ACT (ACTUS REUS) OF FORGERY AND DECEPTION

 
 
Author(s):  MANSOURABADI ABBAS, FATHI MOHAMMAD JAVAD
 
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Abstract: 

Upon criminal act (actus reus) forgery and deception divide into two groups: concrete and abstract. The concrete one can be divided into two types: 1. overall and primary concrete forgery, 2. minor and secondary concrete forgery. In every two types of concrete forgery, the criminal act (actus reus) is a positive act and conduct but there are some differences. In the abstract forgery, the criminal act (actus reus) is a positive action and sometimes failure or refusal of a document editor to insert the desired content will redouned to a forged document. The overall and primary criminal act (actus reus) is making and creating a complete document that non of its elements are concrete forgery and the offender creates all components of it. The minor and secondary criminal act (actus reus) is adding or deleting some parts of a document. Of course those parts must be effective ones. Actus reus in all of mentioned forms can be simple and solid or complex and complicated. Change of theme or content on the time of making is the actus reus in abstract forgery. This alleged behavior is conceivable when a person is incumbent to make a document in relation to another one. In this case the later asserts something but the former writes another thing. In all mentioned cases, the actus reus must be detrimental to others. Detriment and harm- whenever material and spiritual - is personally and socially. Contrary to fact cannot be considered as the condition of criminal conduct. Forgery and deception can be committed even the conduct conforms to the fact.

 
Keyword(s): FORGERY AND DECEPTION, ACTUS REUS, CRIMINAL ACT, HARMFULNESS OF CONDUCT
 
References: 
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