Concurrence of Offenses and Its Effects in New Islamic Penal Code

• 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: Keywords: Concurrence of offenses; Ideal concurrence of offenses; Real concurrence of offenses; penalty; New penal code
• Online Access: http://jclr.atu.ac.ir/article_578_b77a4247a8501192fad076bd24d1db3e.pdf

The concurrence of offenses is aspecific situation in whicha person commits some crimes and then he would be arrested tobeprosecuted and punished for all of that crimes. There are twopoints inthis definition: Firstly, the concurrence of offenses arises whenthe defendant has committedmore than one offense. Secondly, the claim of concurrence of offenses would be accurate when, in the date of trial, the defendant has not been previously convicted nor punished for none of that offenses. In new Islamic Penal Code , as the former penal Codes, the iranian legislator has considered to the concurrence of offenses as one of the affecting factors in determining the penalty. In this paper, we intend to study simultaneously the theoretical basis of influencing of this element in determining the penalty on the one hand, and its effects through new Islamic Penal Code on the other.The aim of this study is to show that the concurrences of offenses is not one of the amplifying elementsof the sentencebut one of its effects would be amplifing the penalty.