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 |
Subjects: | |
Online Access: | https://jclr.atu.ac.ir/article_578_b77a4247a8501192fad076bd24d1db3e.pdf |
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author | Modjtaba jafari |
author_facet | Modjtaba jafari |
author_sort | Modjtaba jafari |
collection | DOAJ |
description | 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. |
first_indexed | 2024-03-08T17:43:11Z |
format | Article |
id | doaj.art-c8129921b084420a8780afcc55c2393d |
institution | Directory Open Access Journal |
issn | 2345-3575 2476-6224 |
language | fas |
last_indexed | 2024-03-08T17:43:11Z |
publishDate | 2014-01-01 |
publisher | Allameh Tabataba'i University Press |
record_format | Article |
series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
spelling | doaj.art-c8129921b084420a8780afcc55c2393d2024-01-02T10:53:39ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242014-01-012517519610.22054/jclr.2014.578578Concurrence of Offenses and Its Effects in New Islamic Penal CodeModjtaba jafari0استادیار گروه حقوق جزا و جرم شناسی دانشگاه سمنانThe 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.https://jclr.atu.ac.ir/article_578_b77a4247a8501192fad076bd24d1db3e.pdfkeywords: concurrence of offensesideal concurrence of offensesreal concurrence of offensespenaltynew penal code |
spellingShingle | Modjtaba jafari Concurrence of Offenses and Its Effects in New Islamic Penal Code Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī keywords: concurrence of offenses ideal concurrence of offenses real concurrence of offenses penalty new penal code |
title | Concurrence of Offenses and Its Effects in New Islamic
Penal Code |
title_full | Concurrence of Offenses and Its Effects in New Islamic
Penal Code |
title_fullStr | Concurrence of Offenses and Its Effects in New Islamic
Penal Code |
title_full_unstemmed | Concurrence of Offenses and Its Effects in New Islamic
Penal Code |
title_short | Concurrence of Offenses and Its Effects in New Islamic
Penal Code |
title_sort | concurrence of offenses and its effects in new islamic penal code |
topic | keywords: concurrence of offenses ideal concurrence of offenses real concurrence of offenses penalty new penal code |
url | https://jclr.atu.ac.ir/article_578_b77a4247a8501192fad076bd24d1db3e.pdf |
work_keys_str_mv | AT modjtabajafari concurrenceofoffensesanditseffectsinnewislamicpenalcode |