نوع مقاله : مقاله پژوهشی
دانشجوی دکتری حقوق کیفری و جرمشناسی، دانشگاه قم
عنوان مقاله [English]
Background: Receiving a salary other than your own one from Social Security is done in a variety of ways. Some perpetrators succeed in obtaining a salary by resorting to fraudulent means and others do so by lying and concealing the truth. The first group is remarkably similar to fraudsters, but their punishment will be a specific and independent criminal offense under Article 97 of Social Security Penal Code. The second group will be excluded from Article 97 of Social Security Penal Code and will be subject to Article 2 of the Law of Intensifying Punishment for Perpetrators of embezzlement, bribery and Fraud. For the inclusion of Article 97 of Social Security Penal Code against receiving a salary other than your own one, the causal relationship must be effective between the counterfeit citation means and the result (i.e., the establishment of a salary). For the inclusion of Article 2 of the Law of Aggravation of the Perpetrator's Behavior, like the crime subject to Article 97, the perpetrator must do a wrongdoing; therefore, establishing a salary due to silence and abandonment of the recipient has no criminal character. In case of the psychological basis, in order to include the above-mentioned cases in receiving a salary other than your own one, in addition to general ill will, the existence of special ill will is also necessary. In this article, receiving a salary other than your own one and its methods will be analyzed from the perspective of criminal law.