نوع مقاله : مقاله پژوهشی
نویسنده
دکتر در حقوق کیفری و جرم شناسی از دانشکده حقوق دانشگاه علوم قضایی و خدمات اداری، ایران، تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Considering that, on the one hand, the consensus decision No. 34 of the general board of the supreme court, the alimony of wife and children entitled to maintenance who live together with, has been considered single omission and stated that the multiple effects and results of a single act will not lead to the application of the provisions related to multiple crimes, arguing that "their alimony is usually paid at once and without separating the share of each of them", and on the other hand, according to Article 473 of the Criminal Procedure Code 2013, " the unanimous decisions of the general board of the supreme court, only according to the law or the recent unanimous decision issued according to Article (471) of this law is changeable"; and paying attention to the fact that so far, a contradictory text has not been enacted and no other unanimous decision has been formed regarding the matter, and the said the unanimous decision is still valid, the need to pay attention to whether or not it has jurisprudential and legal respectability, reveals more than before. The results of this research show that an urgent action should be taken in terms of the jurisprudential and legal foundations of the issue, either by approving an article by the legislator or by a unanimous decision by the supreme court.
کلیدواژهها [English]