Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem Principle
The principle ne bis in idem, as one of the principles of fair proceedings, is rooted in the acceptance of the negative effect of foreign criminal sentences and is derived from the most important goals of international criminal law, i.e. preventing re-punishment of the accused for a single criminal...
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Shahr-e- Danesh Research And Study Institute of Law
2024-09-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_177466_4a7c4812174d2b4a0b0e33d30cf65767.pdf |
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| author | Hakime Farnam Mohammad Mahdavisabet , Mohammad Ashouri Ali Saffary |
| author_facet | Hakime Farnam Mohammad Mahdavisabet , Mohammad Ashouri Ali Saffary |
| author_sort | Hakime Farnam |
| collection | DOAJ |
| description | The principle ne bis in idem, as one of the principles of fair proceedings, is rooted in the acceptance of the negative effect of foreign criminal sentences and is derived from the most important goals of international criminal law, i.e. preventing re-punishment of the accused for a single criminal act. This prohibition is a reminder of an important rule in the Criminal proceedings are called the validity of the judged criminal case in the criminal court. Even though administrative and disciplinary violations have significant differences with criminal offenses in terms of their nature, sources and examples, but in terms of comparison, their similarities, especially in predicting the guarantee of repressive executions, are significant, as they cannot be divided into two completely independent areas. On the other hand, entering the discussion of the criminal matters has made it more necessary to pay attention to these similarities, which are the basis for the perpetrator to enjoy the guarantees of fair trial principles, both in crimes and in administrative and disciplinary violations. In Iran, in relation to administrative and disciplinary violations, some of the principles of fair proceedings, especially the important principle ne bis in idem, are not only not observed, but according to Article 19 of the Administrative Violations Law 1372, it is even stipulated against it. Therefore, in this article, while comparing the crimes and violations, with the assumption that the English criminal system is a good model in this field, researcher has also briefly discussed the procedure of the administrative courts of this country. The study method in this article is analytical-descriptive and based on the review of related domestic and foreign texts. |
| format | Article |
| id | doaj-art-41a85b34e7854af5ac3d65579823ceaf |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-41a85b34e7854af5ac3d65579823ceaf2025-01-22T10:12:32ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-09-01235959962610.48300/jlr.2023.377624.2239177466Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem PrincipleHakime Farnam0Mohammad Mahdavisabet1, Mohammad Ashouri2Ali Saffary3PhD Student in Criminal Law and Criminology, Faculty of Theology, Law and Political Sciences, Science and Research Unit, Islamic Azad University, Tehran, Iran.Assistant Professor, Department of Criminal Law and Criminology, Faculty of Theology, Law and Political Sciences, Science and Research Unit, Islamic Azad University, Tehran, Iran.Professor, Department of Criminal Law and Criminology, Faculty of Theology, Law and Political Sciences, Science and Research Unit, Islamic Azad University, Tehran, Iran.Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shahid Beheshti University, Tehran, Iran.The principle ne bis in idem, as one of the principles of fair proceedings, is rooted in the acceptance of the negative effect of foreign criminal sentences and is derived from the most important goals of international criminal law, i.e. preventing re-punishment of the accused for a single criminal act. This prohibition is a reminder of an important rule in the Criminal proceedings are called the validity of the judged criminal case in the criminal court. Even though administrative and disciplinary violations have significant differences with criminal offenses in terms of their nature, sources and examples, but in terms of comparison, their similarities, especially in predicting the guarantee of repressive executions, are significant, as they cannot be divided into two completely independent areas. On the other hand, entering the discussion of the criminal matters has made it more necessary to pay attention to these similarities, which are the basis for the perpetrator to enjoy the guarantees of fair trial principles, both in crimes and in administrative and disciplinary violations. In Iran, in relation to administrative and disciplinary violations, some of the principles of fair proceedings, especially the important principle ne bis in idem, are not only not observed, but according to Article 19 of the Administrative Violations Law 1372, it is even stipulated against it. Therefore, in this article, while comparing the crimes and violations, with the assumption that the English criminal system is a good model in this field, researcher has also briefly discussed the procedure of the administrative courts of this country. The study method in this article is analytical-descriptive and based on the review of related domestic and foreign texts.https://jlr.sdil.ac.ir/article_177466_4a7c4812174d2b4a0b0e33d30cf65767.pdfadministrative and disciplinary violationsprinciples of fair trialthe non bis in idem principleenglandeuropean court of human rights |
| spellingShingle | Hakime Farnam Mohammad Mahdavisabet , Mohammad Ashouri Ali Saffary Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem Principle پژوهشهای حقوقی administrative and disciplinary violations principles of fair trial the non bis in idem principle england european court of human rights |
| title | Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem Principle |
| title_full | Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem Principle |
| title_fullStr | Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem Principle |
| title_full_unstemmed | Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem Principle |
| title_short | Observance with the Principles of Fair Trial in Administrative and Disciplinary Violations; Iran and England with Emphasis on the Non Bis in Idem Principle |
| title_sort | observance with the principles of fair trial in administrative and disciplinary violations iran and england with emphasis on the non bis in idem principle |
| topic | administrative and disciplinary violations principles of fair trial the non bis in idem principle england european court of human rights |
| url | https://jlr.sdil.ac.ir/article_177466_4a7c4812174d2b4a0b0e33d30cf65767.pdf |
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