نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیأت علمی گروه حقوق دانشگاه فردوسی مشهد
2 کارشناس ارشد حقوق جزا و جرمشناسی دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Basically societies have norms and values which are collected in a set called the statute law, andnaturallyviolatethevaluesofcriminal law, make the crime and commit, deservesanctionspredicted forviolation oftheact. According to a simple thought, any action that harms or violates the values and violate it should be punished only once; This idea is expressed in the form of the rule prohibiting the re-trial.
Review of Iranian penal code indicates that the rule banning punished again (considering previous penalties) in different periods, are always ups and downs faced, and unit approach and the same before and after the revolution to this rule is not observed. So that legislators in Iran before the revolution, the rule explicitly accepted. But the rules after the revolution we are witnessing. Certainly the first principle, the Iranian laws in 1361 and 1370 has been canceled and then restore again in 1392.The authors in this paper are intended stating the meaning of this rule and distinguish it from similar concepts and terms, in particular, the basis for legal work in after the revolution roots and on the issue whether a legislative act in the removal of this rule corresponds to the state of jurisprudence, create and revive it again in the new Penal Code, based on the principles of jurisprudence.
کلیدواژهها [English]
