Sentencing of multiple crime in alternative imprisonment; mitigation or aggravation?
Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not po...
| Main Authors: | , , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2020-12-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_12122_a3189a6e6b7a48f3ff70d4671e049e3f.pdf |
| Summary: | Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not possible to exploit the benefits of its implementation. This study is attempt to examine the general condition of multiple crime in alternative imprisonments (article 72, IPC), and interaction with other law institutes. the same way, it scrutinizes the effect of this confrontation on the determination of the penalties for alternatives imprisonment to clarify the effectiveness of this lenient institute and the limitations of applicable penalties. what springs to mind first regarding the multiplicity of crimes and the existence of this condition in alternative imprisonment, is intensification of this institution to deprive the perpetrators of a criminal offense of alternative imprisonment. On contrary, with the clarification of concept, the immediate effects of this condition will be determined by the fact that it will exacerbate minor offenses on one hand and discount for serious crimes and dangerous offenders on the other hand. Consequently, the existence of such a condition in the alternative imprisonment will rupture this institution. |
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| ISSN: | 2345-3575 2476-6224 |