Study of Unity and Multiplicity of Crime When There Are Multiple Consequences
Author(s):
Abstract:
Sometimes, an act or omission of an act, whether criminal or not, will be followed by multiple consequences. Unity or multiplicity of crime in the above cases is a subject of debate between jurists. To analyze the issue, a distinction should be made between multiplicity of consequences on the one hand and similar cases such as related crimes, multiplicity of victims, or multiplicity of mental elements of crime on the other.Multiplicity of consequences is introduced when an explicit crime or a conditional crime produces criminal consequences other than what is mentioned in laws. Judicial precedent has been more inclined to nonmultiplicity of crime when there are multiple consequences. Some jurists consider it as a crime, and some others regard it as multiplicity of mentalelements of crime; and some still others have made a distinction between various cases; in other words, if the original crime is committed intentionally, and the criminal is aware that it will be followed (or most likely it will be followed) by various consequences, multiplicity is a material one; and if consequences are caused accidentally or the originalact is committed unintentionally, in fact no new crime has been committed.
Language:
Persian
Published:
Islamic Law Journal, Volume:6 Issue: 1, 2009
Page:
133
https://www.magiran.com/p813935
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