Conditions of Realization and Invoke to the Rule of Authority of Criminal Res Judicata

The Code of Criminal Procedure approved (2013), like its previous regulation, without mentioning the conditions of realization of the rule of authority of criminal res judicata, has identified this rule in the row of one of the nolle prosequi. The relative transparency of the provisions of the Civil Procedure Law in this regard, and the theory of the possibility to resort the rules of civil procedure in the silent provision of criminal procedure, the theory of unity has strengthened the conditions of realization of rule of authority of criminal res judicata. In the meantime, judiciary law seems to have tendency to follow the views of many lawyers in accepting this theory, while the territory and scope in which this rule is allowed to apply and enforced in terms of its characteristics and its fundamental and inherent differences play an essential role in identifying each of the conditions for the application of the rule discussed. This research, based on an accurate scientific analysis and through the use of descriptive-analytical method, has achieved the following 1- The analysis of authority of criminal res judicata based on foundations and civil analysis is methodologically based on a tremendous mistake and leads to unrealistic and non-scientific results. 2- The most appropriate method for analyzing the authority of criminal res judicata is to assess the triple conditions of the unity of the claimants, the unity of subject and the unity of cause with regard to the distinction aspects of criminal domain compared to civil fields, the issue that leads to a conception other than the inference.