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Mohammad Jafar Habibzadeh Associate Professor, Criminal Law and criminology Department, Tarbiat Moddares University Embezzlement and misappropriation of public property are among crimes against public order. Both of which have certain characteristics in common, while they are different in other aspects. What relates these two crimes toghether is the characteristics of the offender, becouse in both cases the offender must be a "public employee or in a position to act as a public employee" and the essential difference between them would be the type and means of "criminal behavior". Consequently, the criminal behavior in embezzlement is "withdrawal and appropriation", while ill misappropriation of public property is "the employment, usage or illegal application" of public property. The subject of both crimes concerns with property essentially the government property or the property of the public domain. However, embezzlement concerns with personal property, while the misappropriation of public property concerns with both personal property and immovable property. Funds are not considered among misappropriation of public property, since if funds are appropriated the crime of embezzlement is committed. With respect to other properties, one must analyze the situation while considering the manner of interference and other aspects relating to the crime. In instances that the crime committed cannot be fully assessed or determined, and considering that embezzlement in its moral and materrial context requires conditions and elements which exceed misappropriation, and relying on the principle of ruling on behalf of the defendant, this criminal act will be regarded as misappropriation of public property rather than embezzlement.

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The archaeological excavation of ancient Elam has led to the recovery of remnants, showing the rise and fall of a Persian civilization as well as reflecting how music and instruments (musicianship) were popular in those eras. Such archeological findings have mostly been portrayed on rock and pottery. A series of pictograms have depicted musical instruments while the majority of depicted string instruments are harps and tanburs. Wrapped in the Elamite culture, these instruments were passed on to the next civilizations, experiencing transformation over time. This descriptive-analytical research attempts to explore the string instruments in ancient Elam, thereby to review the historical roots of Iranian string instruments. The paper first provides an overview of music in ancient Elam. Then, several pictograms depicting string instruments are examined to determine their diversity and significance. The results indicate that harp and tanbur were the most frequent and diverse string instruments depicted in the paintings of ancient Elam.