نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق/ دانشکده ادبیات و علوم انسانی/ دانشگاه بوعلی سینا/ همدان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Committing Taziri crimes, whether are the same or different, usually intensifies the punishments and this intensification is required in accordance with Article 134 of the Islamic Penal Code (amended in 2020), in the multiplicity of crime of the same type, optional and in various types. The outcome of this dual policy, will result in the differentiation of different from same crimes. In most of the legal texts, the distinction between these two is identified by applying the “unity of criminal elements and punishment” and accordingly, just as the legal element of crime and punishment and criminal behavior is alike, the multiplicity is of the same type, and otherwise, is considered different. This strategy is challenging and in practice considers less punishment for committing two or more crimes of one type compared with the case where the multiplicity is a complete crime and attempting or assistance in crime. The logical solution is concentrating on “the unity of criminal title”, regardless of the type of behavior and legal punishment. Thus, if an individual commits a similar crime, whether some acts are simple or aggravated, or acts, despite having a unified legal base, are different, the multiplicity is considered to be of the same type. In the case of simultaneous crimes (preliminary or related crimes), the preference is ignore the rules of multiplicity and determine the unified punishment. If the committed actions are subject to multiplicity and recidivism at the same time, the effective solution is to generalize the rules of Ideal multiplicity.
کلیدواژهها [English]
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