Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Identifying the criteria for distinguishing between real multiplicity and similar criminal examples and evaluating the Legislative response based on dangerous situation

Document Type : Review Article

Authors
Vahid Bazvand 1
Hosein Nourmohammadi 2
1 PhD student in Criminal Law and Criminology, Faculty of Crime Prevention and Correction and Training, University of Judicial Sciences and Administrative Services, Tehran, Iran. (Corresponding author)
2 Ph.D. student in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran.
Abstract
Real multiplicity realized as one of the types of multiplicity of crime due to multiple criminal behaviors. The actus reus of some crimes consists of multiple criminal actions, but sum of these actions, in law, leads to a single criminal title and excluded from the concept of multiplicity. This similarity is sometimes due to the multiplicity of independent criminal acts; Like many criminal acts that form a part of the actus reus of crime of corruption in land, and in some cases, due to characteristics and legal nature of these acts, like actus reus of continuous crimes. This similarity with the absence of specific legal regulations sometimes cause challenges in identifying, separating and determining the appropriate criminal response. The correct identification and separation is important in the punishment selection stage and determining level of response to criminal behavior due to the legislator's attention to the fundamental concepts of clinical criminology such as dangerous state. Paying attention to The manner of assembly of the components of the actus reus, the disappearance of the previous behavior in the later and the Decomposition of behavior to the validity of decomposability of subject are the criteria introduced in this research, then the way the legislator reacts in the context of judging the concept of state It is dangerous. Also, has led to the identification of some examples such as corruption in the land, Baghi, attack and looting of property in a collective manner, which will not be under any of the mentioned common concepts.
Keywords
multiplicity of behavior
compound and multiple behavior
differential diagnosis
similar criminal cases
dangerous state
Subjects
The Holy Quran
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  • Receive Date 04 January 2023
  • Revise Date 19 February 2023
  • Accept Date 20 March 2023