Prohibition of Double Punishment: Views, Foundations, and Arguments of Proponents and Opponents along with a Comparative Study of the Jurisprudential Views of Authorities in Islamic Jurisprudence
| Autor: | abdolali tavajjohi, mehdi ghorbani |
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| Jazyk: | perština |
| Rok vydání: | 2012 |
| Předmět: | |
| Zdroj: | پژوهشنامه حقوق اسلامی (پیوسته), Vol 10, Iss 29, Pp 145-197 (2012) |
| ISSN: | 2588-6673 2251-9858 |
| Popis: | The rule of the prohibition of double trial and punishment is recognized nowadays as one of the foundations of fair trial. The international concept of the rule is briefly prevention of prosecution , trial, and punishment of the defendant in the courts of different countries due to the perpetration of a single criminal conduct or in the perspective of some other scholars due to the commission of a single criminal title. The legislator of Iran before the Islamic Revolution while making amendments to the former penal code and according to the clause 5 of the article 3 of the above mentioned Act amended in 1352, validated the negative effect of the decisions issued in foreign courts accepting prohibition of the double punishment of the convicted ones. He had also recognized the validity of the matter adjudged originating from issuing decisions in regard to the offence being committed out of the Iranian territory under some conditions. However after the Islamic Revolution there was an attitude towards refusing to accept this rule. Thus the legislator ratifying the Islamic Penal Code in 1361 and 1370, started to amend clause 5 , article 3 of the above mentioned rule invalidating the conditions following it. Taking a cursory glance at the concept and foundations of the rule, the present article raises the views of proponents and opponents as well as the jurisprudential views of authorities in Islamic jurisprudence. Finally it has approved and justified the rule in certain crimes and punishments from jurisprudential perspective. |
| Databáze: | OpenAIRE |
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