Causes of Refusing to Accept the Validity of Foreign Judgments about Tazirat in Iran's Law

Subject Areas : Private law

Abolhassan Shakeri ¹ , farshad shirzadifar ²

1 - دانشگاه مازندران
2 - دانشگاه مازندران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Validity of foreign judgment, Ta’zirat, Personal jurisdiction, Double punishment,

Abstract :

According to clause 2 of article 115 of the Islamic penal code adopted in 2013, if a person commits a crime abroad, those laws that stipulate sentences for Tazir offences, they should be just as responsible for the crime as if they committed it in their sponsor nation and under Iran's Islamic penal code, he may be prosecuted, tried and punished for their crimes even if he is sentenced to be punished on that country. Specific punishments has been prescribed in Islamic law for a discretionary punishments such as male homosexuality (article 237 of the Islamic penal code), admitting to adultery (article 232 of the Islamic penal code) if a man or woman confesses to adultery less than four times. Clause 2 of article 115 of the judgment is contrary to the prohibition against double punishment and needed to be interpreted cautiously. If an Iranian person who is non-Muslim commits a crime outside of Iran which is considered to be as Ta’azirat penalties on that country he shall not be sentenced to Ta’zirat punishment if he has borne the punishment. Similarly, if a person who aids and abets in a discretionary crime outside of Iran, he shall not be sentenced to Ta’zirat punishment if he has borne the punishment on that country.