Crimes Against Property In Afghan Penal Code
Overview: Crimes Against Property in Afghan Penal Code
Crimes against property involve unlawful interference with someone else’s property rights.
The Penal Code covers:
Theft (Sariqa)
Robbery (Sariqa bil-‘unf)
Burglary
Embezzlement
Arson
Damage to property
Punishments vary based on severity, value, and use of violence.
There are also provisions for restitution (compensation) to victims.
Some crimes have hadd (fixed) punishments in Islamic law context but are also regulated under the Penal Code.
Case 1: Theft Conviction – Kabul Market Theft (2018)
Facts:
Defendant caught stealing goods worth approximately $2,000 from a market stall.
Surveillance video and eyewitnesses presented in court.
Court’s Ruling:
Found guilty of theft under Penal Code Article 420.
Sentenced to 3 years imprisonment plus compensation to victim.
Court rejected defendant’s claim that the goods were found or borrowed.
Significance:
Court stressed protection of private property.
Showed use of modern evidence like video.
Case 2: Robbery with Violence – Kandahar Highway Robbery (2019)
Facts:
Group stopped a vehicle on a highway, threatened driver with weapons, and stole cash and valuables.
Victim testified; weapons and stolen items recovered.
Court’s Ruling:
Convicted for armed robbery (Sariqa bil-‘unf).
Two defendants sentenced to 15 years each; one got 12 years for lesser involvement.
Court emphasized aggravating factor of violence.
Significance:
Differentiated robbery from simple theft.
Applied harsher sentences for violence.
Case 3: Burglary – Herat Home Break-in (2020)
Facts:
Defendant broke into a private residence, stealing electronics and jewelry.
Caught by neighbors and police.
Court’s Ruling:
Convicted of burglary under Article 421.
Received 7 years imprisonment and ordered to pay damages.
Court highlighted invasion of home as serious violation.
Significance:
Penalized burglary more harshly than theft alone.
Recognized home security as protected.
Case 4: Embezzlement – Government Official Misappropriation (2021)
Facts:
Public official accused of embezzling government funds worth over $50,000.
Financial audits and documents supported charges.
Court’s Ruling:
Found guilty under Penal Code Article 403.
Sentenced to 10 years imprisonment and ordered restitution.
Case received wide media coverage.
Significance:
Showed courts tackling white-collar property crimes.
Emphasized accountability in public office.
Case 5: Arson – Fire Damage to Business Premises (2022)
Facts:
Individual set fire to rival’s workshop, causing major property damage.
Witnesses and forensic evidence used.
Court’s Ruling:
Convicted under Article 428 for arson.
Sentenced to 12 years imprisonment.
Ordered to compensate the owner for damages.
Significance:
Affirmed serious consequences for destruction of property.
Combined criminal and civil remedies.
Summary Table
| Case | Crime Type | Sentence | Legal Highlight |
|---|---|---|---|
| Kabul Market Theft (2018) | Theft | 3 years + compensation | Use of video evidence |
| Kandahar Highway (2019) | Armed Robbery | 12-15 years | Violence increases punishment |
| Herat Home Break-in (2020) | Burglary | 7 years + damages | Home invasion is severe |
| Govt Embezzlement (2021) | Embezzlement | 10 years + restitution | White-collar crime accountability |
| Workshop Arson (2022) | Arson | 12 years + compensation | Serious harm, combined remedies |
Quick Check:
What distinguishes robbery from theft in Afghan law?
How does the court treat property crimes involving public officials?
Why is burglary punished more severely than theft?
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