Sayyed Mahmud Mir Khalili; Ali Reza Rahmani Naeimabadi; Abouzar Salarifar
Volume 11, Issue 8 , January 2014, , Pages 181-206
Abstract
According to the principles of the criminal law, the general rule is that every country’s courts merely practices the penal code of own territory in its territory while in private ...
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According to the principles of the criminal law, the general rule is that every country’s courts merely practices the penal code of own territory in its territory while in private law it is possible for a country to implement the other country’s statutes totally. The principle of non-authenticity of other countries’ penal codes is a principle for criminal courts which has been usually between countries and in the area of the international criminal law. In reality, the different countries believe that it is the authority of their sovereignty to exercise this principle absolutely and with no exception. Meanwhile, the necessities of the today’s communities make the different countries change this principle and accept some exceptions and some cases like the institution of transferring convicted prisoners, international rogatory commission and etc. the legislator of Iran has had a different attitude toward the non-authenticity of foreign criminal law principle and the principle of double jeopardy from the beginning of the legislature; the Islamic penal code of Iran, codified in 1392, was calqued from the previous statues like statues of 1352 and in dealing with the regulations of international criminal law has revived the principle of double jeopardy and has diminished the principle of non-authenticity of the other countries’ criminal law.
