Studying the Jurisdictional Authority of Iranian Courts on the Crimes Committed Abroad by Non-Iranian Against Iranian
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes w...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2016-11-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_6755_50a9bf1a680f5619cc47abc0d5073189.pdf |
| _version_ | 1797369167980003328 |
|---|---|
| author | abolhaan shakeri hasan khan ahmadi |
| author_facet | abolhaan shakeri hasan khan ahmadi |
| author_sort | abolhaan shakeri |
| collection | DOAJ |
| description | After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose punishments are Hodud, Qisas, and Diya. In this respect, Sharia-based Mansous (written in holy Quran and sacred sayings)Taaziraat on due observation note of article 115 must also be included in the abovementioned Act; yet, as to Mansousless Taazir crimes, jurisdictional authority of Iranian court depends on the reciprocal criminality and non-conviction in the country where the crime is occurred; Additionally, when the complaint is introduced, victim must maintain Iranian nationality until the proceeding is ended. Iranian Penal Act is applied on lapse of time and extension of time if the offender is persecuted by Iranian court and when the offender is found in or restored to the territory of Iran. It should be noted that extension of time is not started at the time of crime occurrence. If the crime committed abroad against Iranian nationals is occurred in high seas or lands without government, then Iranian court is competent for all crimes except Mansousless Taaziraat crimes. |
| first_indexed | 2024-03-08T17:42:46Z |
| format | Article |
| id | doaj.art-6388918bfebc493a8d0a9b63785c92c7 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:42:46Z |
| publishDate | 2016-11-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-6388918bfebc493a8d0a9b63785c92c72024-01-02T10:54:56ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242016-11-01516709310.22054/jclr.2016.67556755Studying the Jurisdictional Authority of Iranian Courts on the Crimes Committed Abroad by Non-Iranian Against Iranianabolhaan shakeri0hasan khan ahmadi1دانشیار حقوق کیفری و جرم شناسی دانشگاه مازندراندانشجوی دکتری حقوق کیفری و جرم شناسی دانشگاه مازندرانAfter legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose punishments are Hodud, Qisas, and Diya. In this respect, Sharia-based Mansous (written in holy Quran and sacred sayings)Taaziraat on due observation note of article 115 must also be included in the abovementioned Act; yet, as to Mansousless Taazir crimes, jurisdictional authority of Iranian court depends on the reciprocal criminality and non-conviction in the country where the crime is occurred; Additionally, when the complaint is introduced, victim must maintain Iranian nationality until the proceeding is ended. Iranian Penal Act is applied on lapse of time and extension of time if the offender is persecuted by Iranian court and when the offender is found in or restored to the territory of Iran. It should be noted that extension of time is not started at the time of crime occurrence. If the crime committed abroad against Iranian nationals is occurred in high seas or lands without government, then Iranian court is competent for all crimes except Mansousless Taaziraat crimes.https://jclr.atu.ac.ir/article_6755_50a9bf1a680f5619cc47abc0d5073189.pdfkeywords: victimnationalitycourtcrimejurisdiction |
| spellingShingle | abolhaan shakeri hasan khan ahmadi Studying the Jurisdictional Authority of Iranian Courts on the Crimes Committed Abroad by Non-Iranian Against Iranian Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī keywords: victim nationality court crime jurisdiction |
| title | Studying the Jurisdictional Authority of Iranian Courts
on the Crimes Committed Abroad by Non-Iranian Against Iranian |
| title_full | Studying the Jurisdictional Authority of Iranian Courts
on the Crimes Committed Abroad by Non-Iranian Against Iranian |
| title_fullStr | Studying the Jurisdictional Authority of Iranian Courts
on the Crimes Committed Abroad by Non-Iranian Against Iranian |
| title_full_unstemmed | Studying the Jurisdictional Authority of Iranian Courts
on the Crimes Committed Abroad by Non-Iranian Against Iranian |
| title_short | Studying the Jurisdictional Authority of Iranian Courts
on the Crimes Committed Abroad by Non-Iranian Against Iranian |
| title_sort | studying the jurisdictional authority of iranian courts on the crimes committed abroad by non iranian against iranian |
| topic | keywords: victim nationality court crime jurisdiction |
| url | https://jclr.atu.ac.ir/article_6755_50a9bf1a680f5619cc47abc0d5073189.pdf |
| work_keys_str_mv | AT abolhaanshakeri studyingthejurisdictionalauthorityofiraniancourtsonthecrimescommittedabroadbynoniranianagainstiranian AT hasankhanahmadi studyingthejurisdictionalauthorityofiraniancourtsonthecrimescommittedabroadbynoniranianagainstiranian |