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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Main Author: Modjtaba jafari
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2014-01-01
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.
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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