Document Type : Research Paper
Author
Assistant Professor, Department of Law, Payam Noor University,Tehran, Iran
Abstract
The criminal justice system distinguishes between a person who has committed multiple crimes or violated multiple articles of criminal law with the same behavior. Therefore, the legislator gives the judges the authority to increase the punishment for dealing with such a person. In this regard, the legislator has left some challenges in the Islamic Penal Law of 2012 that may cause problems in the implementation of these laws in this field; From this point of view, the purpose of the authors is to clarify the ambiguities and problems related to the number of criminal titles that may arise in the implementation phase and to solve them as much as possible to overcome these difficulties. Sentencing is often one of the most challenging issues in general criminal law. The double title (spirit, credit) of the crime as one of the reasons for increasing the punishment is not excluded from the scope of this law. The Criminal Law of the Iranian Parliament distinguishes between a person who violates several articles of the criminal law with one act and a person who violates only one criminal title with his act. Article 131 of the Islamic Penal Code was established in a situation where the law states many titles of crimes in criminal crimes, but it has left many challenges. According to the author's statements in this research, the most important challenges are in several issues, among which we can mention the ignorance and doubt in how to recognize serious torture, the ineffectiveness of severe torture and its consequences, how to use sensitivity and punishment. . supplement , and the border between too many titles and too many results. In this book, due to the importance of legislation and legal interpretation, it has been tried to provide answers to resolve these ambiguities. The criminal responsibility of legal entities is recognized in the criminal laws of Iran, and the application of these rules to individuals is not specific to them. Considering the new nature of recognizing the criminal responsibility of these people in Iran's criminal law and the change of Iran's criminal laws from a person-centered perspective to a legal personality, it is difficult to implement multilateral rules. They committed crimes against these people. Among the most important of these problems, we can point out the unity and different punishments for the legal person, which is the subject of Article 20 of the Islamic Penal Law approved in 2012. In addition, in implementing the multi-purpose provisions of Article 134 regarding legal entities, the jurisdiction of the court cannot be limited in determining first the heaviest punishment and then the heaviest punishment and applying two types of punishment for legal entities. Businesses that make it impossible to apply genuine multilateral rules that apply to legal entities such as individuals. A criminal who commits a series of crimes is undoubtedly bound to legal retribution according to the will of the legislator and society. From the point of view of criminology, the multiplicity of crimes of the criminal indicates his dangerous situation, which has been the focus of legislative policies and the issuing of sentences has had ups and downs. This category was a way to reform or intimidate criminals. The Islamic Penal Code approved in 2011 and followed by the Convict Conviction Law in 2019, the last will of the legislator in Iran's law on various types of crimes, is due to the principle of combining punishment with punishment. Changes in the provisions of the previous law, legal doctrine and legal standards of the courts caused serious problems in the adaptation of the judicial system by solving some real problems and precedents. In this way, sometimes the uncertainty of the court's decision in cases where criminals are committed is between the material majority and the moral majority, and the law and principles have not yet been proposed by the lawyers. If in doubt, seek refuge. The purpose of this article is to examine the main problems of the court in practice and during the proceedings.
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Translated References into English
1- Test, Seyyed Ali. (1998). "Specific Criminal Law Lectures", Faculty of Law and Political Sciences, University of Tehran.
2- Ardabili, Mohammad Ali. (2000). "General Criminal Law", volume one and two, Mizan.
3- ------------. (2013). "Criticism and examination of the spiritual multiplicity of the crime of threatening through telephone harassment", Rai Quarterly, Judiciary Research Institute, 3rd year, 7th issue.
4- Elham, Gholamhossein. (1993). "Jurisprudential and legal foundations of multiple crimes", Eshra Boshari, first edition.
5- Bahri, Mohammad and Davar, Mirza Ali Akbar. (2001). "An attitude towards general criminal law", Majd Scientific and Cultural Forum, first edition.
6- Bayrami Arbatan, Ramin. (2015). "Criminal Procedure Code in the Current Legal System", first edition, Majd.
7- Basami, Masoud and Varvai, Akbar. (2014). "Multiplicity of criminal outcomes in Iranian jurisprudence and criminal law", Quarterly Journal of Islamic Jurisprudence and Law Studies, 7th year, number 13.
8- Peymani, Ziauddin. (1995). "Historical and comparative study of the multiplicity of crime rule", Qom Higher Education Complex.
9- Atari, Abdul Ali. (2014). "Pathology of the Islamic Penal Code approved in 2012", first edition, Judiciary Press and Publications Center.
10- Jafari, Mojtabi, (2012). "Sociology of criminal law", a critical approach to criminal law, Mizan.
11- ----------. (2012). "The multiplicity of crimes and their effects in the new Islamic Penal Law approved in 2012", Criminal Law Research, second year, number five.
12- Haji Dehabadi, Ahmed, Bagherzadegan, Amir and Mirzaei, Mohammad. (2015). "The place of multiplicity of results in Iranian criminal law", Research Journal of Criminal Law, 7th year, 1st issue.
13- Habibzadeh, Mohammad Jaafar; Alipour, Adel. (2011). "Analysis of the crime of causing telephone harassment", Criminal Law Research Journal, third year, number 6.
14- Hojjati, Seyyed Mohammad, Bari, Mojtabi, "Islamic Penal Code in the Current Legal System", Covenant of Justice 1384, .
15- Hosseini, Seyed Mohdreza. (2006). "Islamic Penal Code in Judicial Procedure", Majd Scientific and Cultural Assembly.
16- Khaleghi, Ali. (2013). "Points in the Law of Criminal Procedure", second edition, Shahr Danesh.
17- ……. (2011). Criminal Procedure Code", 10th edition, Shahr Danesh.
18- Agriculture, Abbas. (2012). "Distinguishing the state of spiritual multiplicity of crimes from similar titles", Faculty of Law and Political Science Law Quarterly, Volume 43, Number 3.
19- Zakir Hossein, Mohammad Hadi. (2009). "The perspective of multiplicity of crimes from the perspective of jurisprudential foundations", Dodersi, No. 73.
20- Shams Natri, Mohammad Ibrahim; Hamidreza police station; Zare, Ibrahim; Zare, Zainab. (2012). "Islamic Penal Code in the Current Legal System", first volume, first edition, Mizan.
21- Shahidi, Musa. (Beta). "Judicial standards of high disciplinary punishment in terms of administrative violation", scientific, third edition.
22- Taheri Nesab, Seyyed Yazda... (2003). "Multiplicity and repetition of crimes in criminal law", Daneshvar.
23- Sanei, Parviz. (2003). "General Criminal Law", New Design Publications.
24- Abdo Boroujerdi, Mohammad, "Principles of Criminal Justice of the Supreme Court of the Country", Scientific 1326.
25- Odeh, Abdul Qadir. (Bita) "Al-Islamic Criminal Law Compared to the Islamic Law", Al-Rasalah Institute, Volume II.
26- Foroughi, Fadlullah; Jodaki, Behzad. (2014). "The multiplicity of results in punishment crimes based on the Islamic Penal Code approved in 2012", Legal and Judicial Perspectives Quarterly, No. 70.
27- Qiblai Khoui, Khalil. (2007). "The science of principles in jurisprudence and jurisprudence", Semit, third edition.
28- Qiyazi, Jalaluddin; (2009). "Investigation of unity or multiplicity of crime in case of multiplicity of results", Jurisprudence and Law, fifth year, number 20.
29- Farmer, Bahman. (1999). "Collection of Mohamads of Punishment Law", Ganj Danesh, 3rd edition.
30- Mohseni, Morteza. (2003). "Course of General Criminal Law", General Criminal Law, Volume 1, Ganj Danesh.
31- Mohammadzadeh, Shahram. (2005). "A practical view of jurisdiction in criminal matters", first edition, Fekhrezazan publishing house.
32- Mohammadi Khorasani, Ali. (1995). "Sharh Kefayeh al-Asul", published by Imam Hasan bin Ali (a.s.).
33- Center for extracting and studying judicial procedure of the country, (2014). The collection of judicial opinions of the branches of the Supreme Court of the country and the courts of appeals of Tehran province", 3rd edition, Press and Publishing Center of the Judiciary.
34- Muzaffar, Mohammad Reza. (2007). "Principles of jurisprudence", Dar al-Nu'man.
35- Mir Mohammad Sadeghi, Hossein. (2010). "Crimes against individuals", 7th edition, Mizan.
36- Montazeri, Mohammad Jaafar. (2001). "Political crime", the process of preparing a legal bill and approved plan.
37- Najafi, Mohammad Hassan. (2001). Jawaharlal Kalam, Beirut.
38- Najib Hosni, Mahmoud. (2006). "Causation Relationship in Criminal Law", translator: Seyed Ali Abbas Niay Zare, Razavi University, first edition.
39- Noorbha, Reza. (2003). "The Field of General Criminal Law", Ganj Danesh, 6th edition.
40- Nowrozi Firouz, Rahmatullah. (2011). "General Criminal Law", first edition, Mizan.
منابع انگلیسی
- Andrew J. Morris , Some challenges for legal pragmatism: Acloser look at pragmatic leagal reasoning, Nortern Illinois University Law Review , Vol.28 . 2007
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