new view to res judicats in criminal law
نویسندگان
چکیده
the decision of court and public prosecution in criminal matter has a absolute res judicats. the main conditions of res judicats (cause, object and person unity) become mooted in criminal law again, but criminal law is differ from civil law in this matter. in civil law, res judicats consider according to general conditions but criminal law can not consider upon those conditions. many cases, specifically in ralations between abettors and accomplices, plurality of crimes and its descriptions necessitate another consideration that differ from civil law and its relativity.
منابع مشابه
Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law
In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...
متن کاملProperties Attachment in Iranian Criminal Law
One of judicial decision is properties attachment that it is enacted in article 215 code of criminal law about property that is means for committing offence or is obtained due to it or is used during committing offence or is denoted for applying offence. Attachment makes out above properties from ownership and possession of owner and possessor. Nature of attachment is a Taziry punishment which ...
متن کاملCausation in Criminal Law
Despite difficulties associated with the law of causation, it could be much clearer than it is. The aim of this paper is to present a framework which provides an acceptable explanation of, and justification for, the pattern of the cases and the statutory provisions. The discussion is intended to cover the criminal law of Australia, Canada, England and New Zealand.
متن کاملChallenges arising from the conciseness of Islamic criminal law in the implementation of alternatives to imprisonment
Due to the relatively emerging issue of alternatives to imprisonment, the Iranian judicial system has always faced various legal challenges, as the case may be, in the process of determining or implementing them. Authors with analytical and library method and with the knowledge of the wide range of legal challenges on the subject in terms of aspect and territory, only to a specific aspect an...
متن کاملLegal and Ethical Principles of Criminalization in Iran’s Criminal Law
Background: The criminal code is the rules that restrict the rights and freedoms of a person to ensure peaceful coexistence. What behavior should be prohibited and which one can be removed from the circle of legal acts. How can the word ethics in the world of law refer to ethical and literary means from the past, and is called the tradition of morality, in the sense of moral standards? On the b...
متن کاملCriminal Law: Federal Criminal Code Section
SECTION 1001 of the Criminal Code provides criminal sanctions against persons who deal fraudulently with government agencies.1 Although the origin of the statute dates from 1863,2 only recently have Government attorneys made frequent use of its provisions. In United States v. Diogo, the Court of Appeals for the Second Circuit supplemented the increasing body of judicial interpretation of sectio...
متن کاملمنابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۳۸، شماره ۳، صفحات ۰-۰
کلمات کلیدی
میزبانی شده توسط پلتفرم ابری doprax.com
copyright © 2015-2023