المواجهة الجنائية للتصرف بطريق الاحتيال في العقار (دراسة مقارنة)

Criminal Prosecution For Fraudulently Disposing Of Real Estate ( A Comparative Study)

Crimes against property, including the crime of fraudulent disposition of real estate, pose a significant threat to ownership rights. Therefore, the legislature has enacted legal provisions that criminalize and penalize any encroachment on real property belonging to others. This is particularly relevant when an individual unlawfully disposes of a property without legal justification or contracts for it after having previously disposed of it, leading to harm to others. Since such actions constitute illicit behavior, appropriate legal penalties must be imposed by the legislature to correspond with the committed offense and its consequences, which include undermining trust in transactions and creating uncertainty in dealings, especially when real estate is involved. The transfer of real estate requires adherence to specific formalities imposed by law due to its fixed nature, which prevents its transfer without proper legal procedures.
The Iraqi legislature has allocated an independent article for the crime of fraudulent disposition of real estate, whereas comparative legal systems classify it as one of the methods of fraud. This crime has a unique concept, as a mere claim of ownership or the right to dispose of property—without employing deceptive means or reinforcing the claim with external manifestations—is sufficient to establish the crime and hold the perpetrator accountable.
The criminal response to fraudulent disposition of real estate is grounded in Article () of the Iraqi Penal Code, Article () of the Jordanian Penal Code, and Article () of the Lebanese Penal Code.
Additionally, this crime entails civil liability, granting the harmed party the right to file a civil lawsuit to claim compensation for the damage caused by an unauthorized disposition of the property by someone who is not the owner or lacks the right to dispose of it, as stipulated in Article ()of the Code of Criminal Procedure.
This study aims to analyze the crime of fraudulent disposition of real estate as an independent offense in comparison to other legal systems. By exploring and defining its nature and related legal provisions, we seek to examine its implications and provide a thorough legal analysis. The study is divided into two chapters: the first chapter discusses the conceptual framework of the criminal response to fraudulent disposition of real estate, while the second chapter addresses the legal provisions governing this crime. The thesis concludes with a summary of findings and proposed recommendatio