چکیده:
Iran's criminal law in the material plurality crime is intended to aggravation of punishment the perpetrators but this is not so much in the immaterial plurality. the recognition of the immaterial plurality of the real is not easy. This difficulty is enhanced by the enactment of the Penal Code 1392 and generates the rule of “plurality of result” because there is a similarity between this two juridical foundations. Therefore, it is imperative to carry out a study of the conditions for the realization of the immaterial plurality. The question of this research is what are the conditions for the realization of immaterial plurality and what is the point of differentiation and sharing with similar titles? The results of this study indicate that the conditions for the realization of the immaterial plurality are numerous; one of the most important of these is committing a unit behavior and violating more than one article of the Criminal law. Also, the most important aspect of differentiation of the immaterial plurality of the plurality of result is that, in the plurality of result from the unit behavior, various results are obtained, but in the immaterial plurality of the unit behavior, the unit result is obtained.
خلاصه ماشینی:
Article 31 of the General Penal Code stipulated: "Whenever a single act possesses multiple criminal titles, the punishment of the crime whose penalty is more severe shall be given".
However, after the revolution, in view of the application of laws and regulations with Islamic Sharia, the punishment for moral concurrence also underwent transformation, and the legislator adopted a dual criminal policy in this regard, in such a way that in crimes involving Ta'zir, if a single behavior possesses multiple criminal titles, it maintained, as before, the principle of unity of punishment, but in the cases of Hudud, Qisas, and Diya, since in Islam the principle of combining punishments is generally observed when dealing with multiplicity of crimes, it considered the multiplicity of punishments.
For example, in opinion number 5617 dated 1997/12/12, the Legal Department of the Judiciary has stated: "In view of Article 46 of the Islamic Penal Code, in crimes subject to Ta'zir, whenever a single act has multiple criminal titles, the punishment for the crime whose punishment is more severe shall be given.
Until the ratification of the Islamic Penal Code of 2013, due to the lack of a legal provision, judicial practice considered a single behavior that possessed both multiple criminal titles and multiple results to be an instance of moral concurrence.
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