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...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2019-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_9403_cf151faa4cec9fa68969d6be9a8d0582.pdf |
| _version_ | 1797369201500880896 |
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| author | hasan pourbaferani ebrahim sharifi |
| author_facet | hasan pourbaferani ebrahim sharifi |
| author_sort | hasan pourbaferani |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-08T17:43:11Z |
| format | Article |
| id | doaj.art-cb51929442f14da980a9c803266c31d2 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:43:11Z |
| publishDate | 2019-02-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-cb51929442f14da980a9c803266c31d22024-01-02T10:55:43ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242019-02-0172593310.22054/jclr.2018.15570.12899403Validity of Foreign Criminal Judgment during the Preliminary Investigation Processhasan pourbaferani0ebrahim sharifi1دانشیار حقوق جزا و جرمشناسی دانشگاه اصفهاندانشجوی دکتری حقوق جزا و جرمشناسی دانشگاه آزاد اسلامی اصفهان واحد خوراسگانIn 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.https://jclr.atu.ac.ir/article_9403_cf151faa4cec9fa68969d6be9a8d0582.pdfforeign criminal judgmentpreliminary investigationsne bis in idempublic prosecutors officearrest warrant |
| spellingShingle | hasan pourbaferani ebrahim sharifi Validity of Foreign Criminal Judgment during the Preliminary Investigation Process Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī foreign criminal judgment preliminary investigations ne bis in idem public prosecutors office arrest warrant |
| title | Validity of Foreign Criminal Judgment during the Preliminary Investigation Process |
| title_full | Validity of Foreign Criminal Judgment during the Preliminary Investigation Process |
| title_fullStr | Validity of Foreign Criminal Judgment during the Preliminary Investigation Process |
| title_full_unstemmed | Validity of Foreign Criminal Judgment during the Preliminary Investigation Process |
| title_short | Validity of Foreign Criminal Judgment during the Preliminary Investigation Process |
| title_sort | validity of foreign criminal judgment during the preliminary investigation process |
| topic | foreign criminal judgment preliminary investigations ne bis in idem public prosecutors office arrest warrant |
| url | https://jclr.atu.ac.ir/article_9403_cf151faa4cec9fa68969d6be9a8d0582.pdf |
| work_keys_str_mv | AT hasanpourbaferani validityofforeigncriminaljudgmentduringthepreliminaryinvestigationprocess AT ebrahimsharifi validityofforeigncriminaljudgmentduringthepreliminaryinvestigationprocess |