تحولات سیاست جنایی تقنینی ایران در قبال تعدد جرم در ادوار گوناگون قانونگذاری و مبانی آن

The concurrence (multiplicity) of offenses, as a factor influencing the determination of punishment, is among the legal institutions whose regulations have undergone continuous changes throughout the various legislative periods in Iran. These changes can be examined in the following areas: definition (criteria for distinguishing between the multiplicity and recidivism of offenses); aggravating factors (the number of offenses committed and whether they are of the same or different types); the type and extent of aggravation (cumulative sentencing, imposition of the maximum penalty, etc.); and the judge's discretion in applying the rules of aggravation. This article, employing a descriptive-analytical method and aiming to identify the underlying foundations of these developments, examines the content of the laws enacted in this field during various legislative periods. The findings indicate that the regulations governing the concurrence of offenses before the Islamic Revolution—similar to other provisions of the General Penal Codes approved in 1925 (1304 SH) and 1973 (1352 SH)—were formulated under the influence of French law. The changes that occurred after the Islamic Revolution, specifically during the two legislative periods of 1983 (1362 SH) and 1991 (1370 SH), were influenced by a predominantly ideological approach. As one would anticipate, we witness profound and foundational changes in the regulations governing the concurrence of offenses during these periods. However, we again observe fundamental changes in 2013 (1392 SH) and 2019 (1399 SH). Although these changes appear, on the surface, to represent a return to the pre-revolutionary regulations, they can instead be attributed to a distinct and utility-oriented approach in determining the rules governing sentencing.