Analysis of the guarantees of maintaining the proportionality of the punishment in the case of multiple crimes and interference of punishment in Iranian law

Document Type : Original Article

Authors

1 PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Damghan Branch, Islamic Azad University, Damghan, Iran

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Damghan Branch, Islamic Azad University, Damghan, Iran (Corresponding Author)

3 Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Damghan Branch, Islamic Azad University, Damghan, Iran

Abstract

In the legal and penal systems, significant predictions have been made in case of multiplicity of crimes, and according to the principle of proportionality of crime and punishment, it is proper that every crime should be punished according to the prediction of the legislator. But sometimes, due to the important differences that exist in the longitudinal and transverse series of crimes and considering that the number of repetitions, the issue of their time and the assignment of punishment to different levels of the crime are calculated in the law, research in this regard becomes necessary. With a descriptive-analytical approach, he discussed the guarantees of maintaining the proportionality of the punishment in the case of multiple crimes and the interference of the punishment in Iranian law. As it can be analyzed and understood from the legal documents, the first step towards understanding this issue is to look for guarantees to maintain proportionality in the multiplicity of bodies. The approach to maintain proportionality invites us to redefine the relevant concepts. Based on this, multiplicity of crimes is the state of committing more than one crime without the defendant or perpetrator being tried in any court. In Iran, this multiplicity plays a fundamental role in determining the amount of punishment and is related to its frequency and time, but all these issues are subject to maintaining the proportionality of punishment and crime. However, based on the results of this research, sometimes,

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