أثر الظروف المشددة في العقاب على جناية السطو على المنازل وفقا لقانون العقوبات الاتحادي وأحكام القضاء لدولة الإمارات العربية المتحدة

الملخص EN

Crime of theft is one of the main crimes against property.

the subject of the crime is the victim positive financial right.

the crime includes assault and threat to person financial rights.

the crime also touches in kinds rights including title right, personal or intangible rights these crimes can also fall on the elements of financial disclosure on their negative side, causing an increase in debt.

people without right.

theft crimes are considered enrichment crimes, from which the offender aims to seize money, Asit assumes the existence of the intention to own property on the part of the offender, which entails an increase in his financial liability, as it is a crime of harm.

the victim's liability, which is one of the most serious crimes against the funds to which the human being is exposed because of its assault on his money therefore, it unanimously criminalized both heavenly laws and punitive laws, and imposed it has legal and punitive penalties, theft is considered one of the crimes of “Hodod” and it is also considered one of the crimes that it guarantees penal code, on the other hand, the legislator has subjected it to the federal penal code if he refrains from imposing a limit theft due to the failure of one of the conditions for the establishment of the limit, then the offender is punished with the penalty prescribed by law, and this is what the legislator affirmed it in the text of article (381) of the federal penal code that it is if he refrains from signing the theft limit the offender shall be punished Ta'zira according to the description of the crime in accordance with the provisions of this law.

the penalties imposed for the crime of theft vary according to the image taken by the crime, it is either of minor misdemeanors, either the crime is associated with certain circumstances that make it an aggravating misdemeanor, and may finally catch up with it aggravating circumstances raise its description to a felony and thus raise its penalties to penalties for felonies, and it has been stipulated the legislator has certain conditions or circumstances in order to achieve the last type of theft crime, which is felonies.

he then arranged severe penalties, and in our research we address the presentation of these conditions and explain their nature, type and whether they are in-kind or personal circumstances.