نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Multiple offenses as an effective factor in determining punishment are among the institutions whose regulations have always been subject to change in all legislative periods in Iran. These changes can be examined in the areas of definition (criteria for distinguishing between multiple and repeated offenses), determining factors in aggravation (number of committed offenses and whether the offenses are different or not), type and degree of aggravation (sum of punishments, determining the most severe punishment, etc.), and the judge's authority to apply aggravation rules. In this article, with the aim of identifying the foundations of these developments, the content of the laws passed in this area in different legislative periods has been examined using a descriptive-analytical method. The findings indicate that the regulations in the area of multiple offenses before the Islamic Revolution, like other provisions of the General Penal Code approved in 1925 and 1973, were formulated under the influence of French law. The changes that took place after the Islamic Revolution and the political developments resulting from the revolution, in the two legislative periods of 1983 and 1991, were influenced by a completely ideological perspective, and accordingly, as expected, we are witnessing very fundamental and fundamental changes in the field of regulations governing the multiplicity of crimes. However, after the revolution, we are witnessing fundamental changes again in 2013 and 2019 in this field, which are significantly fundamental and on the surface seem to be a return to the regulations before the Islamic Revolution, but it can be considered the result of a different and benefit-oriented perspective in determining the regulations governing the field of determining punishment.
کلیدواژهها English