Validity of Foreign Criminal Judgment during the Preliminary Investigation Process

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 sen...

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Bibliographic Details
Main Authors: hasan pourbaferani, ebrahim sharifi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2019-02-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
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Online Access:https://jclr.atu.ac.ir/article_9403_cf151faa4cec9fa68969d6be9a8d0582.pdf
Description
Summary: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, in an accuser’s trial in one country, they may avoid retrial or Flowing 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.
ISSN:2345-3575
2476-6224