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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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Abstract
9/11 attacks has turned “fundamentalism” to one of the most used words in the media, and among intellectuals around the world, especially in the West. Many books have been written to investigate the probable reasons of the emergence of the phenomenon. Literature, and specifically fiction, has also abundantly contributed to the discussions about fundamentalism. Mohsin Hamid, the well-known Pakistani writer, in his novel The Reluctant Fundamentalist (2007) treated fundamentalism from a new perspective. The present article will first discuss the famous theoretical books written about fundamentalism, then  through applying them to The Reluctant Fundamentalist, will try to suggest the ways Hamid has meaningfully contributed to the discussion. The article will try to show that how The Reluctant Fundamentalist has challenged both the public, state, and even the elite views about fundamentalism and especially “Islamic fundamentalism.
Key Words:
Fundamentalism, appropriation, golden age, The Reluctant Fundamentalist, Mohsin Hamid  
 

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Modal parameter identification of structures is of significant importance in many fields of civil and mechanical engineering. Output-only modal identification methods have gained great attention of civil engineers community in recent years. The algorithms estimating the dynamic parameters (natural frequencies, mode shape vectors and modal damping ratios) of structures just based on the output responses, became popular as operational modal analysis (OMA) or output-only modal analysis or ambient vibration analysis. In the context of OMA, the force acting on the structure should be stochastic, smooth and broadband and there is no need to measure it. Therefore, these methods are appropriate for identification of huge and complex civil structures. One of the most well-established and popular methods of OMA is frequency domain decomposition (FDD) proposed by Brincker et al. Estimation procedure of FDD is based on singular value decomposition of power spectral density matrix of structure responses. Then, the single degree of freedom spectral bell is obtained using modal assurance criteria (MAC) and transformed to correlation function of corresponded degree of freedom by inverse Fourier transform. Later, Brincker et al. presented the enhanced frequency domain decomposition (EFDD) method to estimate not only modal frequencies (with higher accuracy in the comparison with FDD) and mode shapes, but also modal damping ratios. Despite the high capability of EFDD in frequency and mode shape estimation, it still suffers from some limitations in identifying modal damping ratio. This paper first aims to investigate the modal parameters identification by EFDD and explains its merits and demerits and then proposes in-operation modal appropriation (INOPMA) algorithm for use with EFDD to improve the modal damping estimation. The key idea of INOPMA is to realize that the correlation sequence of the system output (subjected to random input) is the sum of decaying sinusoids with a certain phase shift and therefore it may be considered as an impulse response. The convolution of this correlation sequence with a pure sine wave allows the isolation of the mode at a characteristic frequency which depends on the modal damping ratio. By using a force in quadrature of phase with a sine wave, it is possible to estimate the damping ratio which in turn allows the estimation of the undamped natural frequency. In fact, modal damping ratios are first estimated by INOPMA and natural frequencies are then identified based on damping ratio values. By 70 times simulation of a four-story shear frame, capability of proposed method is validated for damping estimation through EFDD analysis. The results are then compared with the ones derived from the typical EFDD method. Regarding randomness of input force, different results are obtained by each new simulation run. So, the comparison process should be performed based on several numbers of simulations. The number of simulation was adopted in a way that the mean or variance of estimated modal damping ratios converges to a constant value. The relative error (the exact value minus the estimated value over the exact value) and variance of the set of the estimated modal dampings are regarded as comparison indexes. Finally, it is shown that by proposed method, the damping ratios are estimated with much less variance and error.