What Is the Punishment for Withdrawing Money from Someone’s Bank Card Without Permission?
2025-04-15

Introduction
You might think that only hacking or organized financial fraud is considered a crime. But even if you know someone’s card PIN and withdraw money without their permission — even once, even jokingly — this act is considered a crime under Iranian law, and the consequences can be serious.
In this article, we explain:
What kind of crime unauthorized withdrawal is
The legal penalties
Whether it’s a forgivable offense
And how to file a complaint if someone accesses your account unlawfully
What Is Unauthorized Withdrawal?
Taking money from someone’s bank card or account without their explicit consent, even if you have the card or PIN, is considered a criminal act in Iran.
Depending on the circumstances, it may fall under one of the following legal offenses:
Theft or breach of trust (if the card was given temporarily)
Unauthorized access to financial data under the Computer Crimes Act
Cyber fraud, if manipulation or deception was involved
Legal Basis
Under Article 13 of the Computer Crimes Act (2009):
“Anyone who obtains funds, property, or benefits for themselves or others via computer or telecommunication systems, without legal entitlement, shall be sentenced to 1 to 5 years’ imprisonment or a fine or both.”
If deception is involved, Article 1 of the Law on Aggravated Fraud may also apply.
Does Having the PIN Mean You’re Allowed to Use the Card?
No. Simply having the PIN code or the physical card does not mean the account holder has given valid legal consent.
Even if you were previously authorized to use the card, using it again without fresh permission is still considered a criminal offense.
What Are the Penalties?
Depending on how the act is categorized, possible penalties include:
6 months to 5 years of imprisonment
Fines equal to or exceeding the withdrawn amount
Restitution (returning the money)
In some cases: bans on using banking services or dismissal from public office
Is This a Forgivable Crime?
In many cases, yes — if it’s a first-time offense and the victim forgives the offender, the case may be closed.
However, if the act involves professional methods (like hacking or digital fraud), it may be considered non-compoundable (i.e., the public prosecutor must continue prosecution regardless of forgiveness).
How to File a Complaint?
Gather evidence (bank statements, SMS logs, messages, or receipts)
File a complaint through an Electronic Judiciary Services Office
The case will be referred to the Cyber Crimes Prosecutor’s Office or local criminal court
Investigators may request transaction data from the bank
If proven, a criminal indictment and trial will follow
Banks can usually identify the ATM, POS terminal, or account used in the withdrawal, which serves as strong legal evidence.
Conclusion
Withdrawing money from someone’s card or account without their consent, even if you have their PIN, is a serious offense under Iranian law. It can lead to imprisonment, fines, and legal prosecution. The law treats such acts as financial crimes, whether large or small.
Alemohammad Law Office specializes in cybercrime, financial offenses, and bank-related disputes. We are ready to help you file a complaint or defend your rights if you’ve been wrongfully accused.
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