عنوان مقاله [English]
نویسندگان [English]چکیده [English]
The rule of non bis in idem is one of the most important rules of international criminal law. After Islamic revolution in Iran, legislator did not accept establishing this rule in extraterritorial jurisdiction subjects, but in new Islamic penal code, this rule was accepted as one of conditions of exercising nationality principle and passive personality principle and just in scope of non designated Islamic discretionary punishment (tazir).
Seemingly, according to editors of this code, accepting the rule of non bis in idem in fixed punishments, retaliation and designated Islamic discretionary punishments are opposed to Islamic standards. However, due to Islamic lessons, some properties such as flexibility of Islamic orders, presenting the juridical rule of relation between reasonable sentence and Islamic sentence and also judicial rules with no loss in Islam show that this notion is instable