The comparative study of repetition of crime in the Imamiah jurisprudence and the Islamic criminal law 1392 of Iran

Given the principle of criminal justice and coordination between crime and punishment, the causes of aggravation of punishment are of especial importance. One of the general causes of aggravation of punishment is repletion of crime. The necessary conditions for constitution of repetition and the scope of aggravation are of double importance, since in the case of mistake, if the applied punishment is more or less than the crime, the criminal justice itself is damaged. By a comparative look at jurisprudence and the Islamic criminal act 1392 (Of Iran) in the problem of repetition of crime it is observed that although repetition is one of the causes of aggravation according to both, but there are differences between them in Ta’zir punishments as to the conditions of application or non-application of the previous verdict, the effect of laps of time or repentance, the extent of aggravation and mitigation or non-mitigation of punishment in the cases of repletion of crime.