Principles of implementing the rule of prohibition of double punishment
Subject Areas : All jurisprudential issuesAsghar Shirmohammadi 1 , Mohammad Ali Haji Dehabadi 2 , ابو الفتح خالقی 3 , Sayed Mahmud Mirkhalili 4
1 - Department of Criminal Law and Criminology, Qom Branch, Islamic Azad University, Qom, Iran
2 -
3 - دانشگاه قم
4 - Department of criminal law and criminology,humanities of faculty,tehran farabi of university,Qom,Iran.
Keywords: Prohibition of retrial, double punishment, prohibition of double punishment, Islamic punishments.,
Abstract :
Today, the rule of prohibition of double jeopardy as one of the principles and pillars of fair trial is not only considered in international documents, but also manifested in the domestic laws of countries and is considered a human rights standard, which as a supra-legal principle prevents governments from repeatedly prosecuting, trying and punishing the "same persons" for committing the "same crime" and "the same cause". The meaning of this rule is that no person can be prosecuted, tried and punished a second time for a charge that has previously been prosecuted and investigated in legal ways and resulted in a final verdict, whether conviction or acquittal. The rule of prohibition of double jeopardy in Iranian criminal law has always faced ups and downs, and the same approach to this rule is not seen before and after the revolution. In the Iranian penal system and in the Islamic Penal Code of 1392, the rule of prohibition of trial and double punishment has been recognized to a limited extent and only in non-specified ta’zir punishments. In Islamic jurisprudence, the requirements for adherence to a foreign judgment are in the light of principles and rules such as the prohibition of harming a believer, the prohibition of slandering religion, human dignity, the prohibition of oppression, the mercy of the Islamic government, the construction of rationality, and expediency.
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