نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزاوجرمشناسی دانشگاه امام صادق(ع)، تهران، ایران (نویسنده مسئول)
2 دانشیار گروه حقوق جزا و جرم شناسی، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Despite the legislative accuracy in the enactment of laws, there are times when one is unable to enforce two rules of the law at the same time. In these circumstances, it is necessary to clarify which rule the individual will implement. one of the most important issues is the necessity of interpretation of laws, incongruity among the legal provisions which constitute the ambiguity in the manner of law enforcement. incongruity occurs in the implementation phase of the rule, and at this stage they are not aggregated, meaning that it cannot be done at the same time. in the present study, there are various types of incongruity and solutions to solve it with regard to whether there is preferential between the two sides. it also tries to analyze one of the examples of incongruity in criminal law, that is, multiple criminal identities, so that in material multiplicity, as the basis of the legislator is a punishment for two acts of crime, it is accepted as the basis of two offences. it is necessary to obtain a rational method in order to provide coherence within the legal system.
کلیدواژهها [English]
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