چکیده:
Immaterial plurality is a case in which the perpetrator commits one action but encounters several criminal titles. This rule has been predicted in the criminal laws of many countries. In criminal laws of Iran this rule is just anticipated for Ta'ziri crimes and some conditions are necessary for its realization such as its Ta'zir nature, unity of behavior, realization of numerous titles, and the possibilityof punishing the criminal in relation to each one of the titles. Since the subject is vague, the domestic and foreign lawyers have different ideas in this regard. In this article it has been tried to investigate this principle in common classification of crimes with each other and to prove that this principle is not realized in each classification of simple and compound, instantaneous and continuous, absolute andbound crimes and also in offences of omission. Moreover, it rejects the possibility of realization of immaterial plurality of crimes through careful and detailed review of Iran Penal Statutes.
خلاصه ماشینی:
In classification of crimes as instantaneous and continuous, absolute and bound, due to the distinctive features of each one of the crimes it is not possible anymore to face a condition when one single act receives two or several criminal titles which is actually considered as immaterial plurality.
One of the lawyers has defined credit plurality as the following: "Sometimes an offence is the result of committing one single physical act but it contains several criminal titles and descriptions and it seems as if several crimes have been committed (Peimani, 1995.
Article 155 of Afghanistan Penal Code: "Whenever a single act commitment results in numerous crimes the perpetrator is sentenced to the punishment that is more UCT Journal of Social Sciences and Humanities Research context of criminal law of these two countries, particularly Iran, the single act and several criminal titles are explicitly mentioned while in some countries particularly Arabic countries instead of "title plurality" the term "attribute plurality".
It is very difficult to find an example of immaterial plurality in Iranian Penal Law. This rule must be found through sifting the criminal principles and the elements of crime and as mentioned in the definition, an example should be found in which the committed act could be investigated under two criminal titles in such a way that it would be possible to punish the perpetrator due to each one of the criminal titles.