A Deliberation on "Repetition of Crime" in Imāmī Jurisprudence and Iranian Law

Document Type : Research Article

Authors

• Mīrzā Muḥammad Wā‘ẓī
• Sayyid Muḥammad Taqī Qabūlī Durafshān

10.22067/fiqh.v0i0.3168

Abstract

The reasons for intensification of punishment in Islamic penal system is of great importance, since designating a punishment proportionate to the perpetrated crime will lead to the observance of human and Islamic principles, like the principle of penal justice, and this will provide the society with further mental health.
One of the general reasons for intensification of punishment is the
"repetition of crime," which in turn will have a significant impact on achievement of the punishment purposes and prevent the criminal from repeating crime.
In this discourse, outlining the required conditions for the "repetition of crime" to be actualized and the limits of its intensification would double the importance of this issue; since in case of mistake, if the punishment of the criminal is less or more than his crime, the principle of penal justice will be called into question and the accurate realization of this issue requires a sound investigation.
Keywords: general aspects, intensification of punishment, repetition of crime, prior crime, posterior crime.

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