EXERCISING THE RULE OF NON BIS IN IDEM ON ISLAMIC PUNISHMENTS

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POORBAFRANI HASAN; BEGI HASAN FATEMEH

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Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2013 | Volume:4 | Issue:1 Page(s): 73-95

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Title

EXERCISING THE RULE OF NON BIS IN IDEM ON ISLAMIC PUNISHMENTS

Author(s)

POORBAFRANI HASAN | BEGI HASAN FATEMEH | Issue Writer Certificate

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Abstract

The rule of non bis in idem is one of the most important rules of international criminal law. After Islamic revolution in Iran, legislator did not accept establishing this rule in extraterritorial jurisdiction subjects, but in new Islamic penal code, this rule was accepted as one of conditions of exercising nationality principle and passive personality principle and just in scope of non designated Islamic discretionary punishment (tazir). Seemingly, according to editors of this code, accepting the rule of non bis in idem in fixed punishments, retaliation and designated Islamic discretionary punishments are opposed to Islamic standards. However, due to Islamic lessons, some properties such as flexibility of Islamic orders, presenting the juridical rule of relation between reasonable sentence and Islamic sentence and also judicial rules with no loss in Islam show that this notion is instable.

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APA: Copy

POORBAFRANI, HASAN, & BEGI HASAN, FATEMEH. (2013). EXERCISING THE RULE OF NON BIS IN IDEM ON ISLAMIC PUNISHMENTS. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 4(1), 73-95. SID. https://sid.ir/paper/246740/en

Vancouver: Copy

POORBAFRANI HASAN, BEGI HASAN FATEMEH. EXERCISING THE RULE OF NON BIS IN IDEM ON ISLAMIC PUNISHMENTS. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2013;4(1):73-95. Available from: https://sid.ir/paper/246740/en

IEEE: Copy

HASAN POORBAFRANI, and FATEMEH BEGI HASAN, “EXERCISING THE RULE OF NON BIS IN IDEM ON ISLAMIC PUNISHMENTS,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 4, no. 1, pp. 73–95, 2013, [Online]. Available: https://sid.ir/paper/246740/en

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