Concurrence of Offenses and Its Effects in New Islamic Penal Code
The concurrence of offenses is aspecific situation in whicha person commitssome crimes and then he would be arrested tobeprosecuted and punished forall of that crimes. There are twopoints inthis definition: Firstly, theconcurrence of offenses arises whenthe defendant has committedmore thanone offens...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2014-01-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
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| Online Access: | https://jclr.atu.ac.ir/article_578_b77a4247a8501192fad076bd24d1db3e.pdf |
| Summary: | The concurrence of offenses is aspecific situation in whicha person commitssome crimes and then he would be arrested tobeprosecuted and punished forall of that crimes. There are twopoints inthis definition: Firstly, theconcurrence of offenses arises whenthe defendant has committedmore thanone offense. Secondly, the claim of concurrence of offenses would be accuratewhen, in the date of trial, the defendant has not been previously convicted norpunished for none of that offenses. In new Islamic Penal Code , as the formerpenal Codes, the iranian legislator has considered to the concurrence ofoffenses as one of the affecting factors in determining the penalty. In thispaper, we intend to study simultaneously the theoretical basis of influencing ofthis element in determining the penalty on the one hand, and its effectsthrough new Islamic Penal Code on the other.The aim of this study is to showthat the concurrences of offenses is not one of the amplifying elementsof thesentencebut one of its effects would be amplifing the penalty. |
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| ISSN: | 2345-3575 2476-6224 |