*legal message*
*Some legal misconceptions among the general public*
1- If you complain to someone and you cannot prove it, the other party will restore dignity and you will be condemned.
P: This belief is wrong. The court is the place of grievances and handling of complaints. It is your right to file a complaint and it is the duty of the court to investigate it. Failure to prove criminal liability does not bring you a criminal charge
Note: Except in special circumstances, in which case he can sue you under the criminal title of defamation
2- Parents can deprive their children of inheritance.
P. No, no one can deprive his heir of inheritance. The will of the deceased is valid only for one third of the inheritance. Unless the father transferred all the property to other heirs during his lifetime and by doing so, no money was left for distribution after his death.
Note: Only the heir who kills his heir will be deprived of inheritance
3- If you don’t have a driver’s license and cause someone’s death due to an accident, you have committed intentional homicide and your punishment is retribution.
P. This is not the case at all. Driving without a license is a separate offense. If you cause an accident leading to death without a license, you will be sentenced to the maximum prison sentence prescribed by law in addition to paying the ransom. A fatal accident, even if you have a driver’s license, will result in imprisonment in addition to the fine, at the discretion of the prison judge
4-Diyah for forbidden months is doubled
P. This rumor is not true either. In the forbidden months, Diyeh is only one third more than other months. And this increase of money, which is called the concentration of money, only includes murder and does not include injuries, even if both the injury and death occur in one of the forbidden months. Haram months are: Dhul-Qa’da, Dhul-Hijjah, Muharram and Rajab. Contrary to the common misconception of many people, the month of Safar is not a forbidden month
5- Custody of the child is always with the father
P. no The first is that until the age of seven, the priority of custody of a child (whether a boy or a girl) is with the mother. After that, if the father does not have the authority to take care of the children, their custody will be entrusted to the mother. In addition, the best interests of the child are also taken into consideration when giving custody.
6. In order for the perpetrator of intentional murder to be executed, an amount must be paid, which is sometimes interpreted as the right to an arrow or a rope.
C- There is a misconception and there is no need to pay a sum for the execution of a murderer, unless the murderer was a man and the victim was a woman, in which case the parents of the victim must pay half of the full dowry to the murderer, because the dowry of the woman is half of the dowry of the man. is And this amount belongs to the killer, not the government.
7- In order for the check to be penalized, they think that it must be returned on the same day as the date of the check
p. A criminal complaint can only be filed against a check that is up-to-date, i.e. the date of issue and the due date of the check are within the same day. Therefore, in this case, it is not necessary to present the check to the bank on the same day, and if there is no balance, a certificate of non-payment must be received from the bank on the same day. Rather, the holder of a current check has six months to go to the bank to collect the amount of the check, and if the lack of balance leads to the issuance of a certificate of non-payment, the person to whom the certificate of non-payment has been issued has six months. to file a complaint.
This post is written by amirBRZa