Comparative study of the rule of prohibition of trial and retrial in jurisprudential sources, international criminal law and Iran

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GHOLAMI RAZINI MOHSEN; Davari Mosaieb; MILANI ALIREZA

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Journal: International Police Studies Quarterly Year:2019 | Volume:10 | Issue:38 Page(s): 9-33

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Title

Comparative study of the rule of prohibition of trial and retrial in jurisprudential sources, international criminal law and Iran

Author(s)

GHOLAMI RAZINI MOHSEN | Davari Mosaieb | MILANI ALIREZA | Issue Writer Certificate

Keywords

Judicial Prohibition

Re-Punishment Rule

Jurisprudential Sources

International criminal law

Iranian criminal law

Abstract

Background and purpose: Maintaining dignity and high human values and emphasizing the right to a fair trial to ensure that the accused will not be punished illegally and unjustly will lead to the adoption of a rule prohibiting trial and retrial in international instruments, including the Convention on Civil Rights. It became political. According to Iran's accession to this Convention, according to Article 9 of the Civil Code, the provisions of the Convention are in accordance with the law and are binding. Therefore, the present study seeks to answer the question of how this rule applies to Jurisprudential Sources, International criminal law and Iran? Research method: This research is applied in terms of purpose and descriptive-analytical in terms of writing style. The information was collected through a library study by referring to academic and Internet scientific sources. Findings and Results: The results of the research indicate that this rule is emphasized as the basic rights of the defendants in International criminal law; it is also accepted in Jurisprudential Sources and from the perspective of Islamic teachings. There have been ups and downs in Iran's legal system. So that this rule was forgotten after the revolution. Until with the compilation of the QMA (approved in 2013), it was accepted only in the realm of non-Shari'a punishments. While accepting this rule is in no way inconsistent with Iran's jurisprudential standards and domestic law, in many cases it can even be a strong legal backing for Iran's political actions.

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APA: Copy

GHOLAMI RAZINI, MOHSEN, Davari, Mosaieb, & MILANI, ALIREZA. (2019). Comparative study of the rule of prohibition of trial and retrial in jurisprudential sources, international criminal law and Iran. POLICE INTERNATIONAL STUDIES, 10(38 ), 9-33. SID. https://sid.ir/paper/388736/en

Vancouver: Copy

GHOLAMI RAZINI MOHSEN, Davari Mosaieb, MILANI ALIREZA. Comparative study of the rule of prohibition of trial and retrial in jurisprudential sources, international criminal law and Iran. POLICE INTERNATIONAL STUDIES[Internet]. 2019;10(38 ):9-33. Available from: https://sid.ir/paper/388736/en

IEEE: Copy

MOHSEN GHOLAMI RAZINI, Mosaieb Davari, and ALIREZA MILANI, “Comparative study of the rule of prohibition of trial and retrial in jurisprudential sources, international criminal law and Iran,” POLICE INTERNATIONAL STUDIES, vol. 10, no. 38 , pp. 9–33, 2019, [Online]. Available: https://sid.ir/paper/388736/en

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