Document Type : Research Paper
Authors
1 Criminal Law and Criminology, Faculty of Law, Mofid University, Qom, Iran
2 , a member of the faculty and an associate professor of the Department of Jurisprudence and Law of Qom Institute of Islamic Culture and Thought.
3 student of external courses at Qom Seminary, PhD student in criminal law and criminology, University of Tehran, Aras International Campus.
Abstract
The recent implementation of the law aimed at reducing imprisonment penalties, as approved by the legislator, has brought about numerous changes to the principles governing the material multiplicity of crimes resulting in punishment, especially when compared to the regulations in place in 1392. These modifications in the criteria for determining punishment, along with the intensification and reduction of penalties and the rationale behind differentiating between various crimes and their similar counterparts, have presented both judges and legal scholars with a wide range of theoretical and practical challenges. These ambiguities have resulted in divergent interpretations of Article 134 of the Amended Criminal Code, which has, in turn, led to potential harm to the rights of the accused. The central question of this research, therefore, is: What specific ambiguities and challenges are posed by the amended Article 134, and what possible solutions can be offered to resolve them?
This research adopts a descriptive-analytical approach to explore the provisions surrounding the material multiplicity of crimes resulting in punishment under the current law. It seeks to analyze the key challenges within this legal framework, which include: distinguishing between different crimes and similar ones, the method of aggregating similar crimes as opposed to different ones, the timing for recognizing multiple crimes for the application of multiplicity rules, the question of whether the rules of material multiplicity apply retroactively in the context of multiple criminal laws, the criteria for establishing material multiplicity concerning the necessity—or lack thereof—of a time gap between multiple offenses, and the simultaneous aggregation of multiplicity and repetition of crimes.
The legal provisions addressing the issue of multiple crimes in our country have their roots in French criminal law, dating back to 1304. Over the course of many revisions, the legislator eventually passed new regulations concerning multiple crimes in 2019, followed by a subsequent amendment in 1999 as part of the Law on Reducing the Punishment of Imprisonment. However, due to the widespread application of these provisions in the criminal justice system, they have generated significant practical issues, leading to complications for judges and, consequently, violations of the rights of the accused. This article aims to thoroughly explain the provisions related to the material multiplicity of crimes under the Criminal Code and its amendments, addressing the most pressing challenges associated with this legal institution.
By identifying these challenges and proposing solutions to overcome them, this research endeavors to provide clarity through the interpretation of the law and an examination of the legislator’s intentions. Additionally, it aims to ensure alignment with the overarching principles that govern criminal law, thereby proposing a unified approach to criteria and procedural matters in this domain. Offering solutions and resolving scientific and practical ambiguities is one of the most significant contributions of this research, which can greatly benefit the criminal justice system and help achieve the most just outcomes possible.
One long-standing issue in the context of punitive measures has been the question of multiplicity of crimes. Multiplicity of crimes is a key aspect of the individualized punishment process and often serves as a reason for the escalation of penalties. General aggravating factors are attributes that are linked to any crime and, when identified by a judge, necessitate an increase in the punishment. These factors are not specific to any one crime but can apply broadly across different offenses. In many countries worldwide, individuals who commit multiple crimes are seen as having a more entrenched delinquent nature, and therefore, a heavier penalty is often imposed to facilitate their rehabilitation. The goal is to reintegrate the offender into society, purified from criminal tendencies and free from the risks of recidivism.
In terms of classification, multiplicity of crimes can be divided into two categories: material multiplicity and credit multiplicity. Material multiplicity, also referred to as real or objective multiplicity, occurs when a perpetrator commits two or more independent criminal acts without having received a definitive conviction for any of those offenses. On the other hand, credit multiplicity refers to situations in which an individual commits a single act, but multiple criminal charges can be applied to that single act, and the individual has not received a final conviction for any of those charges. Given that this research is focused specifically on material multiplicity, a more detailed discussion of credit multiplicity and its associated rules will be avoided due to its limited relevance to the scope of this study.
In conclusion, the challenges surrounding the material multiplicity of crimes as addressed in the amended Criminal Code are substantial, and the need for clearer legal interpretations and solutions is urgent. By examining the key issues and offering solutions, this research contributes valuable insights into how the judicial system can address these challenges while safeguarding the rights of the accused and ensuring the equitable application of justice. Through careful analysis and proposed reforms, the study aims to facilitate the correct implementation of laws related to material multiplicity, ultimately improving the efficiency and fairness of the criminal justice system.
Keywords
- material multiplicity
- criminal offenses
- reduction law
- aggravation of punishment
- challenges and solutions
Main Subjects
- Ahmadzah, Rasool; Elham, Gholamhossein; Tam, Mojtabi, "The rule of differentiating different crimes from non-different crimes in the amended article 134 of the Islamic Penal Code", Criminal Law Research Quarterly, No. 24(2021).
- Ahmadzadeh, Rasool; Tom, Mojtabi, Considerations on the Law on Reducing the Punishment of Imprisonment, First Edition, (Tehran: Judiciary Press and Publications Center, 2019).
- Ardebili, Mohammad Ali, General Criminal Law, Volume 3, 21st edition, (Tehran: Mezan Publishing, 2019).
- Abbasi, Asghar, "Criticism on the provisions of multiplicity of crimes in the Islamic Penal Code approved in 2013", The Quarterly Journal of Excellence in Law, New Period, No. 7 (2013).
- Elham, Jafarpour Sadegh; Saman, Siavashi, "Legislative and executive challenges of consolidating sentences in the assumption of multiple crimes", Studies in Criminal Law and Criminology, No. 15(2019).
- Elham, Gholamhossein; Berhani, Mohsen, An Introduction to General Criminal Law, Volume II, Edition III, (Tehran: Mezan Publishing, 2016).
- Foroughi, Fazlullah; Rahimian, Reza, "Evaluation of material multiplicity of punishable crimes in the Islamic Penal Code approved in 2013", Journal of Legal Studies, 7th period (2014).
- Goldouzian, Iraj, Mahshai of the Islamic Penal Code, 8th edition, (Tehran, Majd, 2021).
- Golriz, Amin, Full description of the Islamic Penal Code in Iran's criminal justice system, first volume, first edition, (Tehran, Majd Publications, 2014).
- Kamfer, Behdad, Advanced description of general and special criminal law, 4th edition, (Tehran Research, 2021).
- Mansour Abadi, Abbas, General Criminal Law, volume three, third edition, (Tehran, Mizan, 2021).
- Mir Mohammad Sadeghi, Hossein; Darzi Ramandi, "Comparative study of multiplicity of crimes in Iranian and American criminal law", Comparative Law Quarterly, No. 13(2017).
- Mossadegh, Mohammad, Description of the Islamic Penal Code (Crimes-Criminal Responsibility-Proof Evidence), Volume II, Edition II, (Tehran, Jungle Publications, 2016).
- Noorbaha, Reza, Field of General Criminal Law, 12th edition, (Tehran, Dad Afarin Publishing House, 2014).
- Rural, lovely; Rahmanian, Hamed, "The criteria for distinguishing "different" crimes from "non-different" crimes in the application of the rules of material multiplicity of crimes", Legal Journal of Justice, No. 118 (2022).
- Sanei, Parviz, General Criminal Law, second volume, third edition, (Tehran: Ganj Danesh, 1994).
- Shams Natri, Mohammad Ebrahim, "The Rule of Multiplicity of Crimes Under Criticism", Fiqh and Law Review Quarterly, Spring, No. 5 (2015).
- Shams Natari, Mohammad Ibrahim; Jamshidi, Morteza, "Related crimes in Iranian criminal law: challenges and solutions", Legal Research Quarterly, No. 101 (2021).
- Shams Natri, Mohammad Ibrahim; Police station, Hamidreza; Zare, Ebrahim and Riazat, Zainab, Islamic penal code in the current legal system, first volume, third edition, (Tehran: Mizan Publishing, 2015).
- Shambiati, Houshang, General Criminal Law, third volume, fourth edition, (Tehran: Majd, 2013).
- Sharifi, Mohsen, "Evaluation of the method of determining the punishment for the material multiplicity of the crime in the law on reducing the punishment of imprisonment", Islamic Law Quarterly, No. 71 (2021).
- Taheri Nesab, Seyyed Yazdullah, Multiplicity and Repetition of Crimes in Criminal Law, First Edition, (Tehran, Daneshvar Publications, 2002).
- Zainli, Jafar; Mirzajani, Hamidreza, "Criminal developments in the rules of multiplicity and repetition of crimes in the law on reducing the punishment of imprisonment approved in 2019", Detective Quarterly, No. 62 (2023).
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