A Comparative Study of Registration Crimes of Forgery and Fraud in the Iranian and Common Law Legal System

Registration offenses, especially forgery and fraud, regardless of the context in which they are committed, are behaviors that are criminalized in criminal law and the registration of documents and property. However, the existing criminal responses do not seem to be effective and need to be reviewed. Fraud and forgery of registration are among the common crimes of cyberspace and real space, which are committed through fraudulent means of registration and lead to the theft of another's property.

The present study is a descriptive and analytical comparative study.

In a comparative study of the Iranian legal system with the common law legal system, the difference in determining the material element of the crime of forgery in the two systems has sometimes caused in a country like Iran only the loss and change and construction of a forged crime. That in Britain and the United States it is enough to just make and change fraudulently, and the loss will not have the effect of punishing the crime of forgery. Therefore, in common law, the crime of forgery of potential harm and absolute crime is mentioned. Regarding the crime of fraud, the mere use of fraudulent tools and the intention of deception and fraud has been proven in Iranian law, while in common law, in addition to the wide scope of the crime of forgery, fraud is considered a subgroup and from the beginning cyberspace in He has criminalized next to the real space.