The effect of the true multiple of offences in the penalty: (comparative study)

Authors

  • Sagad Thamer Kazem Al-Khafaji

Keywords:

The true multiple, the offence, the penalty, the restrictions, legislations

Abstract

The true multiple of crimes is that the offender himself commits two or more crimes, whether of a single type or of different types, whether they're all committed simultaneously or at different times and before the offender is sentenced to a final judgment for one of these offences. There is no bout that when the offender commits an offence, he shall be punishable by the penalty prescribed for this offence. But in some cases, the offender commits more than one crime not separated by a sentence, this shows the criminal gravity of him. Hence, the offender must be punished with the penalty prescribed for each of the offences he has committed in accordance with the rule of multiple penalties for multiple offences. These offences are not required to be committed simultaneously but may be committed at different times, but sometimes the legislations limit this by placing some restrictions and exceptions to this rule, this because the offender sometimes commits several related crimes with a common object; in this case, the offender will not punish for all the penalties prescribed for all these crimes, but only for one penalty. This what was adopted by most of legislations that regulate the provisions of true multiple offences as well as many restrictions to the rule of multiple penalties, these restrictions such as that penalties may not be increased, in the case of their multiple, from a certain limit and the integration of the penalties. The effect of the true multiple of offences in the penalty

Published

2021-08-04