نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناس ارشد حقوق خصوصی، دانشگاه آزاد اسلامی واحد علوم و تحقیقات ایلام، ایلام، ایران (نویسنده مسئول)
2 کارشناس ارشد حقوق جزا و جرم شناسی، دانشگاه آزاد اسلامی واحد علوم تحقیقات خمین، خمین، ایران
3 کارشناس ارشد حقوق جزا و جرم شناسی، دانشگاه غیرانتفاعی ادیب مازندران، مازندران، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The validity of the sealed order is of fundamental importance in all legal and criminal lawsuits, so that when a lawsuit is raised in the court of law and leads to the issuance of a final verdict, it cannot be re-heard. In other words, in relation to the decisions and actions issued by the courts, one of the main and most important rules that shows the value of a judicial decision is the issue of the validity of the sealed order. The sealed order seeks to declare any issue that has been proved or denied and determined definitively in the lawsuit or the next issue or issue as binding. The sealed criminal matter has an effect on the civil one, and regarding the relationship between the two, the rule of the validity of the criminal sentence is accepted only when its scope is limited. Therefore, proceeding in criminal law are absolute in the form of a type and the decision taken in it, which means that it does not have the relativity of civil proceeding, and once the matter has been dealt with, the matter cannot be dealt with again, even if the person changes. Since the discovery of the truth and the persuasion of the judge's conscience in the criminal matter has its own method, and on the other hand, the legal court issues a decision only based on own way the arguments of the parties and limited to the evidence, the definitive criminal decision is mandatory for the civil court. There must be limits and boundaries in the sealed legal and criminal matter. For achieving this goal, the final decision of the court has been given a special validity, according to which no authority can suspend the sentence or destroy it by issuing an opposite decision. Therefore, the using of sealed criminal and legal order should be function to stipulated conditions.
کلیدواژه‌ها [English]
)