An Analysis of the Hodud-Based Criminal Policy of Iran on Plurality and Repetition of a Crime

After the 1979 Islamic Revolution the Iranian legislature in codifying the rules governing Tazirat (judge made punishment), has had a Hodud-Based (God made punishment) perspective. It means that the legislature has often extracted the rules concerning plurality and repetition of crimes of Tazirat nature from those with Hodud character. This extraction by the legislature has been criticized due to shortcomings, ambiguities and sometimes inconsistencies with other rules of the criminal law. In addition, this has led to the emergence of some sharp conflicting views on the part of the Iranian lawyers.While analyzing those shortcomings, ambiguities and the conflicts, this article challenges this policy of legislature and argues that taking into account the fundamental as well as inherent differences, which exist, between Tazirat and Hodud, the criminal policy of the legislature is wrong.