موضوع و بزه ديده ي جرم سوءاستفاده از ضعف نفس محجور

The Victim of the Abuse of the Interdicted Weak Mind.

Most penal codes consider the abuse of interdicted weak mind a special form of fraud now, while it was earlier regarded as a case of breach of trust. Lawerys, following penal legislators, consider this offence an offence against properties and differ in their opinions about its nature. Judging its substance, they regard it differentially as fraud, breach of trust, or a special offence in its own right. Comparing the abuse of the interdicted weak mind with fraud, breach of trust and offence against properties in general, one can conclude that the object of this offence is not property but the interdict himself. Article 596 of Islamic Penal Act mentions "the abuse of someoneʹs weak mind or his desires or the personal needs of immature people." Hence, it brings about an ambiguity to the effect that only mature and immature people are the victims of this offence and minors and the indicted are not covered by it. The main question of this research is: "Who can be the victims of this offence?" The hypothesis is: The mature are technically excluded by this article of the law and minors and the insane, in spite of not being mentioned next to the immature, can be the victims of this offence.