Repetition - Multiplicity - The truth of multiple titles applied to a single criminal act (2) مقاله

خلاصه ماشینی:

Theft, fraud, or breach of trust, with the proviso that the perpetrator has more than two effective convictions due to theft or fraud, are criminal offenses because the punishment for their perpetrator is imprisonment with hard labor; and since the aforementioned crimes are of a criminal degree with the said proviso, they must be investigated in criminal courts by virtue of legal texts, just as the crime subject to Article 208 of the General Penal Code, with the proviso that the perpetrator is one of the persons mentioned in the latter part of Clause A of Article 207 of the same law, is criminal because the punishment for the perpetrator is simple imprisonment; and as with the latter crime, criminal courts must investigate it, and misdemeanor courts inherently do not have the jurisdiction to investigate it. That group of judges and legal experts who approve of the aforementioned practice and consider it correct and legal, and they claim that the crime committed on the third or fourth time is inherently a misdemeanor, and due to the reasons and circumstances provided for in the aforementioned amended Article 25, a criminal punishment has been prescribed for its perpetrator, and this matter does not change the original nature of the crime; therefore, they are forced to say here (in the third point) as well that the subsidiary effects of misdemeanor convictions apply to the said convictions, and their statute of limitations is also the same as the statute of limitations for misdemeanor convictions, because the reasoning and logic in both cases are the same.