Authors
1 Ph.D. Student in Department of Law, Faculty of Law, Islamic Azad University, Science and Research Branch, Tehran, Iran
2 Assistant Prof., Department of Law, Faculty of Law, Islamic Azad University, Science and Research Branch, Tehran, Iran
3 Prof., Department of Law, Faculty of Law, Islamic Azad University, Science and Research Branch, Tehran, Iran
4 Prof., Department of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
The necessity of Judicial security or Justice is that no one be prose cuted,tried,or punished for the same crime or conduct more than one time.Ne bis in idem is one of the important principles of criminal proceeding in internal systems that has entered into the international law field and has a special position.This principle has also been specified in statutes of the international criminal courts both ad-hoc and permanent.According to being better of international proceedings than internal proceedings and presumption or possibility of fair trial and without exercising influence,the international criminal courts decisions are absolutely possessing Res Judicate but the reverse is not so, and if a country proceeds against one of the international crimes in the internal courts,the International criminal courts can try such a person again,and its only reason is observing some of the most important fair trial indicators and preventing not being punished of perpetrators of the international serious crimes.
Keywords
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