Part IV
Sanctions

Chapter II
Ta'azir Penalty and Evaluation Thereof

Multiplicity of offence and persistent offenders
39. The court shall, when determining the appropriate Ta'azir penalty and evaluating it, take into consideration all the mitigating, or aggravating circumstances, and in particular, the degree of responsibility, motives for commission of the offence, seriousness of the act, grievousness of the injury, the dangerous nature of the offender, his position and previous convictions and all the other circumstances surrounding the incident.


Multiplicity of offences and its effect on penalties
40.(1) Where a single act constitutes more than one offence, the penalties shall overlap and only one penalty, which is the greater shall be inflicted.

(2) Where offences are multiple, all penalties therefor, except forfeiture, shall be excluded by the death sentence passed for one of them.