نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
In the Islamic Penal Code of 2013, some Ta'zir crimes are mentioned as Ta'zir prescribed by Sharia. One of the important issues regarding Ta'zir according to Sharia is the possibility or impossibility of applying the rulings related to the actual number of Ta'zir crimes in the said Ta'zirat. This research, which was written based on the data obtained from a library study and in a descriptive-analytical method, analyzed the application of the provisions of the actual multiplicity of punishment crimes in the crimes of Sharia and its challenges. This research is of a theoretical type and has been carried out using a descriptive-analytical method. In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected. Due to the application of Article 134 of the Islamic Penal Code of 2013 (revised in 2020) and also the contrary concept of Note 2 of Article 115 of the same law, the rulings on the actual multiplicity of punishable crimes include Sharia-mandated punishment. Despite this, there are many challenges in applying the provisions of real multiplicity in Ta'zir prescribed by Sharia, such as: identifying the most severe punishment, increasing the amount of Ta'zir punishment from the maximum punishment in the case of multiple crimes and how to calculate the most severe punishment implemented, which make their implementation with serious obstacles. Accompanies Considering the complexity of deriving the correct sentence from the law and the necessity of achieving coherence in the position of applying the propositions of the actual multiplicity of Ta'zir crimes to the Ta'zir prescribed by Sharia, the legislator's effort to reform and rethink in this field is inevitable.
کلیدواژهها English