The Validity of Foreign Criminal Judgment During the Preliminary Investigation Process

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Poorbafarani Hasan; SHARIFI EBRAHIM

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Journal Paper

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Journal: CRIMINAL LAW RESEARCH Year:2019 | Volume:7 | Issue:25 Page(s): 9-33

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Information Journal Paper

Title

The Validity of Foreign Criminal Judgment During the Preliminary Investigation Process

Author(s)

Poorbafarani Hasan | SHARIFI EBRAHIM | Issue Writer Certificate

Keywords

Foreign Criminal Judgment

Preliminary Investigations

Ne Bis in Idem

Public Prosecutor’s Office

Arrest Warrant

Abstract

In contrast to private international law, a country's criminal authorities including court and the Public institution prosecution only apply their own country's criminal laws in the realm of international criminal law. However, it would not mean that all international criminal laws and sentences are discredited. Sometimes, domestic criminal laws require the courts to consider international criminal laws and sentences as well. For example, over a trial in a country, they may avoid retrial the crime committed by their nationals in overseas if the committed act is a crime in that country as well. This is very important during the preliminary investigation Process. In this Process, foreign criminal law or sentence is valid from two aspects: one is before making the final decision, and the other one is the process of making the final decision in the form of final appointments of the court. At every Process, there are some effects on each of the mentioned measures, about which there are different opinions.

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APA: Copy

Poorbafarani, Hasan, & SHARIFI, EBRAHIM. (2019). The Validity of Foreign Criminal Judgment During the Preliminary Investigation Process. CRIMINAL LAW RESEARCH, 7(25 ), 9-33. SID. https://sid.ir/paper/266646/en

Vancouver: Copy

Poorbafarani Hasan, SHARIFI EBRAHIM. The Validity of Foreign Criminal Judgment During the Preliminary Investigation Process. CRIMINAL LAW RESEARCH[Internet]. 2019;7(25 ):9-33. Available from: https://sid.ir/paper/266646/en

IEEE: Copy

Hasan Poorbafarani, and EBRAHIM SHARIFI, “The Validity of Foreign Criminal Judgment During the Preliminary Investigation Process,” CRIMINAL LAW RESEARCH, vol. 7, no. 25 , pp. 9–33, 2019, [Online]. Available: https://sid.ir/paper/266646/en

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