Volume 27, Issue 100 (winter 2023)
__Judicial Law Views __2012__, 27(__59__): __22482 |
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babaei E. Jurisprudential Foundations of Criminalizing Gambling in Iran Criminal Law. دیدگاههای حقوقی 2023; 27 (100) :63-82
URL: http://jlviews2.ujsas.ac.ir/article-1-2047-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2047-en.html
, ehsanbabaei@ujsas.ac.ir
Abstract: (494 Views)
Gambling is one of the illegitimate methods of gaining property, the prohibition of which is reflected in the criminal law. In jurisprudential works, the types of gambling have been studied by considering the two indicators of playing with gambling implements and betting, and their substantive and obligatory effects have been explained. According to the mentioned indicators, gambling can be distinguished from what is considered gambling ruling and from similar topics such as betting and lottery. In the present article, in addition to the jurisprudential analysis of the issue, according to the criminal laws before and after the revolution,the types of crimes related to gambling and the conditions for its realization have been investigated. A comparison of the rules shows that the criminal legislator has taken a stricter approach than before each time. However, the inclusion of existing laws regarding committing gambling on cyberspace platforms is difficult due to ambiguity in the definition. Also, the lack of definition of gambling and similar issues such as betting and lottery has caused some differences of opinion. Therefore, it seems necessary to provide a clear and based on jurisprudential criteria definition of gambling and similar issues, which include committing it in cyberspace.
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2021/06/25 | Revised: 2023/04/16 | Accepted: 2022/11/02 | Published: 2023/03/18 | ePublished: 2023/03/18
Received: 2021/06/25 | Revised: 2023/04/16 | Accepted: 2022/11/02 | Published: 2023/03/18 | ePublished: 2023/03/18
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