Examining the principles and reasons for accepting the passage of time in criminal law and its negation in international documents

Document Type : Original Article

Authors

1 PhD student, Department of Criminal Law and Criminology, Department of Law, Islamic Azad University, Yazd. Yazd . ایران

2 Assistant Professor and Faculty Member of Meybod University Law Department

3 Assistant Professor of Law. Maybod University. meybod. iran

Abstract

"Time lapse" has always been discussed by legal thinkers as an important and influential legal establishment in criminal proceedings and from the point of view of legal thinkers in the foundations of this legal establishment, acceptance or non-acceptance of its conditions and its applications in domestic
This institution was accepted after the Islamic Revolution and in 1378 for deterrent crimes, then in 1392 in the Islamic Penal Code within the limits of punishments, and also according to Law 29 of the Statute of the International Criminal Court, crimes of genocide, crimes against humanity, War crimes and aggression have been removed from its scope, and the same procedure has been followed for other international crimes in other international instruments.
This article has been done using library resources and descriptive-analytical method with the aim of examining the principles and reasons for accepting and denying the passage of time in criminal law and international documents and has concluded that the most important principles and reasons for accepting the passage of time as a rule In domestic criminal law, "correction of the offender" and "disappearance of evidence", "fear of punishment", "destruction of social and family status", "loss of rights due to negligence of the judiciary" and "creation of acquired rights for the offender". On the other hand, an important reason for using the negation of the passage of time in international criminal law is the removal of a major impunity barrier in international law, and this institution is different from other joint institutions

Keywords

Political Sociology of Iran
Volume 5, Issue 9
November 2022
Pages 909-923

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