Abbas Zaraat; Saied Qomashi,; Farshad Shirzadifar
Abstract
Re-prosecution of the accused after the issuance of a restraining order is one of the solutions envisaged by the legislature to ensure justice for persons who did not have access to sufficient reasons or reasons at the time of the trial. The grounds for re-prosecuting the accused are in line with the ...
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Re-prosecution of the accused after the issuance of a restraining order is one of the solutions envisaged by the legislature to ensure justice for persons who did not have access to sufficient reasons or reasons at the time of the trial. The grounds for re-prosecuting the accused are in line with the objectives of the criminal proceedings. These include achieving the Judicial truth, preventing norm-breaking in society. The main source of criminal investigation is the prosecutor's office, so the legislator has made the possibility of re-prosecuting the accused based on Article 278 of the Code of Criminal Procedure in this institution. In some cases, depending on the type of charge, the judicial organization and the personality of the perpetrator, step-by-step investigations are carried out in a source other than the prosecutor's office, and it is possible to issue a restraining order. according to the silence of the legislator, this ambiguity has arisen as to what the procedure of re-prosecution will be if the court issues a restraining order? Depending on the position of the court in Judicial system, if a restraining order is issued by the court at the preliminary investigation stage, it is possible to re-prosecute the accused, but contrary to Article 278, if the restraining order is finalized in a higher authority, there is no need to prescribe a higher authority because the court has independence. It is not like the prosecutor's office.
abolhaan shakeri; hasan khan ahmadi
Abstract
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose ...
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After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose punishments are Hodud, Qisas, and Diya. In this respect, Sharia-based Mansous (written in holy Quran and sacred sayings)Taaziraat on due observation note of article 115 must also be included in the abovementioned Act; yet, as to Mansousless Taazir crimes, jurisdictional authority of Iranian court depends on the reciprocal criminality and non-conviction in the country where the crime is occurred; Additionally, when the complaint is introduced, victim must maintain Iranian nationality until the proceeding is ended. Iranian Penal Act is applied on lapse of time and extension of time if the offender is persecuted by Iranian court and when the offender is found in or restored to the territory of Iran. It should be noted that extension of time is not started at the time of crime occurrence. If the crime committed abroad against Iranian nationals is occurred in high seas or lands without government, then Iranian court is competent for all crimes except Mansousless Taaziraat crimes.
mohamad ashouri; jafar movahedi
Abstract
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose ...
Read More
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose punishments are Hodud, Qisas, and Diya. In this respect, Sharia-based Mansous (written in holy Quran and sacred sayings)Taaziraat on due observation note of article 115 must also be included in the abovementioned Act; yet, as to Mansousless Taazir crimes, jurisdictional authority of Iranian court depends on the reciprocal criminality and non-conviction in the country where the crime is occurred; Additionally, when the complaint is introduced, victim must maintain Iranian nationality until the proceeding is ended. Iranian Penal Act is applied on lapse of time and extension of time if the offender is persecuted by Iranian court and when the offender is found in or restored to the territory of Iran. It should be noted that extension of time is not started at the time of crime occurrence. If the crime committed abroad against Iranian nationals is occurred in high seas or lands without government, then Iranian court is competent for all crimes except Mansousless Taaziraat crimes.
