Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad
The jurisdiction of a court refers to its capacity in order to take valid legal actions. The first of purpose the criminal law is to inflict deserved punishment for retaliation of the committed crime. A prosecutor prosecutes defendant which might lead to conviction. Many states including Iran claim...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2015-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_1841_5bc36fd05b32410b45d69ba7163ff361.pdf |
| _version_ | 1797369213817454592 |
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| author | S. Mohammad Sadegh tabatabai S. Hussein As’adi |
| author_facet | S. Mohammad Sadegh tabatabai S. Hussein As’adi |
| author_sort | S. Mohammad Sadegh tabatabai |
| collection | DOAJ |
| description | The jurisdiction of a court refers to its capacity in order to take valid
legal actions. The first of purpose the criminal law is to inflict deserved
punishment for retaliation of the committed crime. A prosecutor prosecutes
defendant which might lead to conviction. Many states including Iran claim
jurisdiction over the crimes of their own citizens even if these crimes have
been committed abroad. Moreover, it is also true for a case when an apatrid
individual commits a crime against an Iranian citizen abroad. Considerable
ambiguities and errors are observable by studying the determined
jurisdictional principles in the Criminal Procedure Code. The reason for this
ambiguity revolves around article 316 which is not clear- cut, which may
leads jurist and judges to interpretive narrowly. As principle of legitimacy of
offences provides that penal codes must be interpreted strictly and should
not be generalized through compression method, it is necessary that it
article be reformed. |
| first_indexed | 2024-03-08T17:43:22Z |
| format | Article |
| id | doaj.art-fa3a273b94734032b9464b2f8a1c1781 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:43:22Z |
| publishDate | 2015-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-fa3a273b94734032b9464b2f8a1c17812024-01-02T10:54:38ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242015-09-0141214717510.22054/jclr.2015.18411841Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons AbroadS. Mohammad Sadegh tabatabai0S. Hussein As’adi1دانشیار گروه حقوق دانشگاه اصفهاندانش آموخته کارشناسی ارشد رشته حقوق خصوصی دانشگاه اصفهانThe jurisdiction of a court refers to its capacity in order to take valid legal actions. The first of purpose the criminal law is to inflict deserved punishment for retaliation of the committed crime. A prosecutor prosecutes defendant which might lead to conviction. Many states including Iran claim jurisdiction over the crimes of their own citizens even if these crimes have been committed abroad. Moreover, it is also true for a case when an apatrid individual commits a crime against an Iranian citizen abroad. Considerable ambiguities and errors are observable by studying the determined jurisdictional principles in the Criminal Procedure Code. The reason for this ambiguity revolves around article 316 which is not clear- cut, which may leads jurist and judges to interpretive narrowly. As principle of legitimacy of offences provides that penal codes must be interpreted strictly and should not be generalized through compression method, it is necessary that it article be reformed.https://jclr.atu.ac.ir/article_1841_5bc36fd05b32410b45d69ba7163ff361.pdfinternational criminal lawlocal competenceapatrid personslinking factorarticle 316 of the criminal procedure codeinterpretation of law |
| spellingShingle | S. Mohammad Sadegh tabatabai S. Hussein As’adi Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī international criminal law local competence apatrid persons linking factor article 316 of the criminal procedure code interpretation of law |
| title | Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad |
| title_full | Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad |
| title_fullStr | Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad |
| title_full_unstemmed | Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad |
| title_short | Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad |
| title_sort | challenge on the determination of iraniancompetent court regarding crimes committed by apatrids persons abroad |
| topic | international criminal law local competence apatrid persons linking factor article 316 of the criminal procedure code interpretation of law |
| url | https://jclr.atu.ac.ir/article_1841_5bc36fd05b32410b45d69ba7163ff361.pdf |
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