1
Assistant Professor at Law Faculty of Shahid Beheshti University
2
M.A Student of family Law at Shahid Beheshti University
Abstract
Res judicata is one of the established rules, which blocks any way to protest to the sentence after its finality. However, in some issues this rule may conflicts with the principle of discovery of fact in penal trials. The intersection of res judicata and the principle of discovery of fact is the starting point of revision. Basically, one of the conflicts of fairness and justice is here. Justice says after sentencefinality, no other claims would be heard. On the other hand, fairness requires that if a person has been sentenced ilegaly, he must be able to advocate himself and appeal. Appeal to sentence is opponent of res judicata and may loosen the judicial decisions. Nevertheless each sentence must be according to fact and then if it proven that it`s not fact, it must be a way to reverse. Especially no one can claim that a judge is immune from mistakes. This article studies the revision in the new Criminal Procedure Code of 2014. It reviews all aspects of the Code. At the end it explains the general approach of Iranian law-maker and suggests some remedies.
