The “Ne bis in idem” rule in Iranian criminal law

The “Ne bis in idem” rule in Iranian criminal law Explains the “Ne bis in idem” rule, which is that the criminal must not be punished twice for the same crime, and it requires recognition of the international effectiveness of penal judgements. Outlines the Iranian legal system since the 1925 penal code, including the revisions after the 1979 revolution, the 1982 Penal Code and its reform in 1991. Discusses the ambiguity in the 1991 Code about the intention of the legislator; this arises because of the view that Iranian law does not recognise the earlier judgments of non‐Islamic courts. Concludes that Articles 5, 6 and 7 of the Code do not conform to transnational law standards, causing problems in extradition and in some cases being contrary to the rights of the accused. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Financial Crime Emerald Publishing

The “Ne bis in idem” rule in Iranian criminal law

Journal of Financial Crime, Volume 11 (3): 5 – Jul 1, 2004

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Publisher
Emerald Publishing
Copyright
Copyright © 2004 Emerald Group Publishing Limited. All rights reserved.
ISSN
1359-0790
DOI
10.1108/13590790410809211
Publisher site
See Article on Publisher Site

Abstract

Explains the “Ne bis in idem” rule, which is that the criminal must not be punished twice for the same crime, and it requires recognition of the international effectiveness of penal judgements. Outlines the Iranian legal system since the 1925 penal code, including the revisions after the 1979 revolution, the 1982 Penal Code and its reform in 1991. Discusses the ambiguity in the 1991 Code about the intention of the legislator; this arises because of the view that Iranian law does not recognise the earlier judgments of non‐Islamic courts. Concludes that Articles 5, 6 and 7 of the Code do not conform to transnational law standards, causing problems in extradition and in some cases being contrary to the rights of the accused.

Journal

Journal of Financial CrimeEmerald Publishing

Published: Jul 1, 2004

Keywords: Iran; Criminal law

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