The Material Multiplicity System of Ta’ziri Crimes in the Islamic Penal Code (amended in 2020); Challenges, Ambiguities and Solutions

Document Type : Original Article

Author

. Associate Professor, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran Corresponding Author Email: h.rostami@basu.ac.ir.

Abstract

Committing Ta’ziri crimes, whether it is 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). Intensification is optional in the case of multiple crimes of the similar type and it is mandatory in the case of multiple crimes of different types. The outcome of this dual policy, regardless of the fact that it has no criminological or penal justification, will create a challenge to separation and distinguish these two categories of crimes and their punishment. 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 is alike, the multiplicity is of the similar type, and otherwise, it is considered different. This approach is not a solution and in practice leads to a lesser punishment for committing two or more crimes of the similar type, compared to the case where the multiple acts are committed in the form of committing a complete crime and initiating or assisting in it. The logical solution is concentrating on “the unity of criminal title”, regardless of the type of behavior and legal punishment. Thus, if a person commits similar crimes, that is, crimes which are fundamentally similar and fall under the same general heading, whether some of the behaviors are simple or aggravated or the behaviors are different despite having a single legal element, the plurality is considered to be of the similar type. In the case of concurrent crimes (preliminary or related crimes), it is preferable to deviate from the rules of material multiplicity of crimes and determine a single punishment. If the committed behaviors are simultaneously subject to the rules of plurality and recidivism, the effective solution is to generalize the rules of spiritual plurality and determine and implement the most severe punishment.

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References

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    References

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    Laws

    1. Ta’zirat Code (1996). (in Persian)
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    1. Advisory Opinion of Legal Department of the Judiciary, No. 1167/99/7 dated 2020/07/18. (in Persian)
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    4. Unified Decision No. 608 dated 1996/09/17, issued by the General Council of the Supreme Court. (in Persian)
    5. Unified Decision No. 624 dated 1998/04/07, issued by the General Board of the Supreme Court. (in Persian)

    Internet Source

    1. Kumari, Krishna. “Role of Theories of Punishment in the Policy of Sentencing”, 2007, Available at: http://ssrn.com-956234.

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History

  • Receive Date: 10 October 2022
  • Revise Date: 05 May 2024
  • Accept Date: 01 June 2024

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