What Are Recidivism and Multiplicity of Crimes?
Criminal justice systems worldwide have long faced challenges posed by crimes committed by individuals. One of the most significant issues in this field is recidivism and multiplicity of crimes, which are considered mechanisms for individualizing punishment through its aggravation. Therefore, correctly distinguishing between these two concepts is of great importance. In analyzing recidivism and multiplicity of crimes, careful attention to legal terminology, reasoning, and statutory provisions is essential.
To address these concepts, it is first necessary to briefly become familiar with the types of crimes recognized by law. Generally, crimes are classified into two main categories: discretionary crimes and fixed-punishment crimes.
- Discretionary Crimes: These are crimes for which the type and extent of punishment are determined by the judge, taking into account various circumstances and factors.
- Fixed Punishment Crimes: These are crimes for which the punishment is determined by Islamic law and has a specific and predefined scope.
Conditions for the Occurrence of Recidivism
Recidivism
When a person commits a crime, the court imposes punishment. If, after the punishment has been executed, the individual commits another crime, a more severe punishment may be imposed.
The degree of severity depends on the nature of the subsequent offense. There are notable differences between recidivism rates in fixed-punishment crimes and in discretionary crimes, as explained below.
Recidivism in Fixed Punishment Crimes
Given the nature of crimes involving fixed punishments, their penalties are explicitly determined by Islamic law. In cases of recidivism involving fixed punishment crimes, if a person commits the same fixed punishment crime and the offense is proven and punished, repetition of that same crime for the fourth time results in a sentence of execution.
It must be emphasized that the crime must be identical on all four occasions. If the individual commits a different fixed-punishment crime, the sentence of execution will not apply. Furthermore, execution of the prior punishments is a necessary condition for recidivism. If the previous punishments were not enforced, recidivism will not be established.
Recidivism in Discretionary Crimes
As noted, punishments for discretionary crimes are determined by statutory law and judicial discretion. In such crimes, if an individual is punished and, after completing the sentence, commits another discretionary crime, a more severe punishment will be imposed.
Under the law, recidivism applies to discretionary crimes classified from the first to the sixth degree. In addition, the subsequent crime must be intentional. Unintentional crimes do not qualify as recidivism. Political and press-related crimes are excluded from this rule. Moreover, the second crime must be committed before rehabilitation or restoration of legal status resulting from the first conviction.
Multiplicity of Crimes
Multiplicity of crimes occurs when an individual commits multiple offenses, often due to factors such as evading arrest or the crimes remaining undetected and therefore unpunished for earlier offenses. Multiplicity of crimes is divided into two types: conceptual multiplicity and material multiplicity.
- Conceptual or Legal Multiplicity: This occurs when a single act violates two or more legal provisions simultaneously.
- Material or Actual Multiplicity: This occurs when an individual commits several distinct crimes, each constituting an independent offense.
If a person commits a material multiplicity of discretionary crimes, and the number of offenses is fewer than three, and the crimes have both minimum and maximum penalties, the punishment imposed will be the maximum penalty prescribed by law. If the crime does not have a statutory minimum and maximum, the punishment will be increased by one quarter of the original penalty.
If the number of committed crimes exceeds three, and the offenses have minimum and maximum penalties, the punishment imposed may exceed the statutory maximum, provided that the excess does not exceed half of the maximum penalty. In cases where the crime does not have defined minimum and maximum penalties, the punishment may be increased by up to one-half of the prescribed penalty.
Multiplicity of Crimes in Fixed Punishment Crimes
In some cases of multiplicity, despite the commission of multiple crimes, the legislator has prescribed only a single punishment. This situation arises when the committed crimes are fixed-punishment crimes and are not identical in nature.
Frequently Asked Questions About Recidivism and Multiplicity of Crimes
Recidivism occurs when an individual commits a crime, receives and serves the punishment, and then commits the same or a similar crime again. In such cases, a more severe punishment is imposed.
Crimes are divided into two categories: discretionary crimes, whose punishments are determined by the judge, and fixed punishment crimes, whose penalties are defined by Islamic law.
If a person commits the same fixed punishment crime four times and prior punishments have been executed, the fourth conviction results in a sentence of execution.
In discretionary crimes, if a person commits a new offense after serving a previous sentence, a more severe punishment is imposed, provided that the crimes are intentional, fall within degrees one to six, and are not political or press-related.
Multiplicity of crimes occurs when an individual commits multiple offenses. It includes conceptual multiplicity, in which a single act violates several laws, and material multiplicity, in which multiple independent crimes are committed. What is recidivism?
What types of crimes are recognized by law?
What is the ruling on recidivism in fixed-punishment crimes?
What is the ruling on recidivism in discretionary crimes?
What is the multiplicity of crimes, and what are its types?
