A comparative study of the multiplicity of material crimes in the criminal laws of Iran and Afghanistan

One of the issues raised in the general criminal laws of countries is the issue of multiplicity of crimes, which can be divided into two parts: material and spiritual multiplicity. Since the intensification of punishment is always one of the challenges of public criminal law discussions, this discussion is closely related to the problem of multiplicity of crimes, especially material crimes. The issue of multiplicity of crimes has been used in many countries, including Iran and Afghanistan, with a criminological point of view that corresponds to the dangerous state of the criminal.

Since the laws of these two countries are based on the rules of Islam; Therefore, according to individual and social benefits and interests, punishments are applied to the criminal in two ways in each of the two countries: the first type is fixed and unchangeable punishments, which are of high importance and have special rulings in specific crimes, and from Islamic sources such as The Qur'an, the Sunnah, the consensus of the jurists and the intellect originate from it, which is referred to as "limits and retribution" and non-fixed and flexible punishments that are applied to less important crimes or are affected by the conditions of time and place and the characteristics of the criminal. which is referred to as "punishment".

Iran's Islamic Penal Code, in Articles 131 to 135, and Afghanistan's Penal Code, in Articles 73 to 78, have criminalized multiple crimes. However, in the laws of both countries, there are ambiguities regarding the multiplicity of crimes, as well as the points of commonality and difference between these two legal systems and determining the amount of punishment in the multiplicity of crimes. In this article, first of all, the legal basis of multiplicity of crimes in the laws of the two countries will be discussed and the amount of punishment will be examined, as well as the differences and similarities that exist in the criminal law systems of the two countries regarding the multiplicity of material crimes.