The prohibition of re-prosecution and retrial in the international criminal documents and comparing it with the Iranian and Afghan law
Societies have norms and values, the violation of which is considered a crime and the perpetrators will be punished. Based on one idea, any person who ignores these values should be punished only once; this issue is discussed under the rule of "prohibition of re-prosecution and re-punishment". In Iran's criminal law, the legislators of different eras have had different orientations towards the mentioned rule. According to the criminal laws before the Islamic revolution, the acceptance of the rule was limited and conditional, but after the Islamic revolution, in the laws passed in 1361 and 1370, re-punishment was accepted. However, in the Islamic Penal Code passed in 1392, the prohibition of re-prosecution is accepted with conditions only for Ta’zir crimes. In the criminal law of Afghanistan, from the distant past, the rule of prohibition of re-prosecution was accepted in a limited way following the Hanafi jurisprudence, but today, the legislator of this country has properly supported it in various laws, including the Criminal Procedure Law and the Penal Code.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.