Criminal Procedure in the case of Ideal Cumulation of Crimes; Rules, Ambiguities, Solutions

Cumulation shall be ideal when a person commits an action that contains elements of several crimes. Contrary to the substantive rules of ideal cumulation of crimes in the Islamic Penal Code, there is no specific provision in the Code of Criminal Procedure and there is a legal gap in this regard. Therefore, there are some ambiguities in the different stages of pre-trial and trial proceedings of such crimes, including the initiation of criminal prosecution, the arraignment, the issuance of criminal warrants, the jurisdiction of criminal courts and so on. In this study, using a descriptive-analytical method, we pointed out the ambiguities in the criminal proceedings of ideal cumulation of crimes and attempted to disambiguate them with a look to the Islamic jurisprudence and legal rules. We concluded that, due to the fact that judgments are based on criminal titles not acts, therefore, the criterion in the proceedings should be criminal titles. This approach will be elaborated in Qisas, Hadd and Ta’ziri crimes in the present study.