مبانی تکرار و تعدد جرم در جزای نقدی نسبی

Subject Areas : Criminal jurisprudence

Nader Heydari ¹ , reza ranjbar alvar olya ² , rahim vakilzade ³

1 - phd student at criminal law, tabriz branch, islamic azad university, tabriz, iran.
2 - Asistant professor in jurisprudenc and law, tabriz branch, islamic Azad university, tabriz, iran.
3 - Asistant professor in jurisprudenc and law, tabriz branch, islamic Azad university, tabriz, iran.

Received: 2022-09-04 Accepted : 2022-11-27 Published : 2022-03-21

Keywords: monetary penalty, punishment, Relative, repetition, crime, multiplicity, participation,

Abstract :

According to the last part of Note 3 of Article 19 of the Islamic Penal Code and the unanimous ruling No. 759 dated 4/20/1396 of the Supreme Court of the Republic of Iran, the punishment of a relative fine (proportional or variable) is considered a seventh-degree punishment.If the crimes subject to a relative monetary penalty are different, according to paragraphs b and p, the punishment is determined according to the value of the subject of the crime (such as contraband or drugs) and if the crimes committed are not different and are subject to paragraph A. M. 134 of the Islamic Penal Code, only A punishment will be determined in proportion to the most serious crime committed and the corresponding punishment.In general, the punishments for repeating the crime are not subject to relative monetary punishment and these punishments are based on the provisions of Article 137 of the Islamic Penal Code. In the face of special laws (such as the law amending the law against smuggling of goods and currency), the same ruling of the special law is the criterion of action.According to Article 125 of the Islamic Penal Code, for participating in crimes that are subject to a relative monetary penalty, the punishment of each partner is the punishment of the independent agent (in proportion to the total subject of the crime) and only the benefit of the perpetrator at the time of examining the degree of attribution of the accused behavior to the perpetrator in order to determine Cooperative behavior is considered.