نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق ;کیفری و جرم‌شناسی، گروه حقوق، جامعة المصطفی العالمیة واحد گرگان، گرگان، ایران.
2 دکتری حقوق کیفری و جرم‌شناسی، گروه حقوق، دانشگاه آزاد اسلامی واحد گرگان، گرگان، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
Basically, the rule-making regarding the multiplicity of crimes is done in substantive criminal law, but the procedure (as part of formal law) is also affected by it. Because: formal criminal law determines the implementation of substantive criminal law. In this way, dealing with the effect of multiplicity of crimes on the jurisdiction of courts in the laws of Afghanistan and Iran is one of the main goals of this research. The findings of this research with a descriptive-analytical method show it. The multiplicity of crimes causes a deviation from the rule of local jurisdiction, and thus all charges are dealt with in a single court; Therefore, when crimes have different punishments (serious and mild), the court where the most serious crime occurred is the competent authority. If the crimes committed are equal in terms of punishment, the court that started the proceedings first is competent in Afghan law. n Iranian law, the court of the place of arrest and the court that first started the proceedings are considered to be the competent authority. In the case of inherent jurisdiction, although the multiplicity of crimes does not cause deviation from inherent jurisdiction; However, as an exception in Afghan law, in the assumption of multiplicity of indivisible related material, and in Iranian law, if a person under the age of 18 commits multiple crimes, which is within the inherent jurisdiction of the First Criminal Court and the Revolutionary Court, this rule has been deviated from.
کلیدواژه‌ها [English]
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