نوع مقاله : مقاله پژوهشی
1 دانشیار حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه قم، قم، ایران
2 دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه قم، قم، ایران (نویسنده مسئول)
عنوان مقاله [English]
Multiplicity and recurrence of crime as general aspects of aggravation of punishment, are one of the effective factors in determining the punishment of the offender. These two institutions have always experienced changes by the legislative, mainly because of their importance in determining the amount of punishment. The “Law on Reducing the Punishment of Imprisonment”, approved in 2020 that has a legislative policy and an inherent philosophy of reducing prison sentences, was no exception either. It has also brought fundamental changes to these institutions. Therefore despite the fact that the multiplicity and recurrence of crime are considered as grounds for aggravation of punishment, in the law on reducing the punishment of imprisonment, they have been altered according to the reductionist approach? In this paper, these changes have been studied descriptively-analytically with a practical approach. Determining the scope of the minimum punishment in different forms of crime, expanding the scope of the rules of multiplicity of crimes in ta'zir crimes with seventh and eighth degree, describing the elimination of the rule of summation of punishments and separating crimes into different and similar to describing the lack of appropriate criteria for separating crimes in nature. The form of commission and ... are the most important challenges facing the law of reduction.