Examining the objections of the rule of multiple punishments regarding the deputy and the director of crime in fifth and sixth degree criminal offenses from the perspective of legislative policy and rules of criminal law

Multiplicity of crimes is one of the aggravated factors for punishment. In the Islamic Penal Code passed in 2013, has intensified the punishment of the person who committed several first to sixth degree crimes that its result is the execution of the most severe punishment from numerous convictions. On the other hand, the legislator did not predict intensification of punishment in seventh- and eighth-degree crimes and predict the rule of summation of punishments in the both degrees. Also, the punishment of accessary in one to two degrees lower than the punishment for the committed crime. If a person assists in two or more fifth- or lower-degrees crimes, his punishment increase from the main perpetrator. So, the purpose of this article is checking the objectives that the punishment of accessary is more severe than the main perpetrator. In this article at first, we investigate the articles about multiplicity of crimes and assistance in crime and different assumptions in the degrees of custodial crimes. Also, we explore the consultative theories in this issue. At the end the result is when check the procedural unity votes and consultative theories that have common criteria with this issue and according to priority analogy, we conclude that the punishment of the crime assistant cannot be more intense than the main perpetrator. Also, the justice and fairness confirm the theory. However, there is legal objection in this context and the only solution is correction of related articles in the Islamic Penal Code.