TRANSFER OF CRIMINAL TRIALS IN EUROPEAN UNION LAW AND POSSIBILITY OF ITS ADOPTION IN IRANIAN CRIMINAL LAW, WITH A LOOK AT ISLAMIC JURISPRUDENCE

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POORBAFRANI HASSAN; BADRI HASSAN

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Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2017 | Volume:4 | Issue:1 Page(s): 31-56

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Title

TRANSFER OF CRIMINAL TRIALS IN EUROPEAN UNION LAW AND POSSIBILITY OF ITS ADOPTION IN IRANIAN CRIMINAL LAW, WITH A LOOK AT ISLAMIC JURISPRUDENCE

Author(s)

POORBAFRANI HASSAN | BADRI HASSAN | Issue Writer Certificate

Keywords

TRANSFER OF CRIMINAL TRIALQ1

EUROPEAN UNION LAWQ1

IRANIAN LAWQ2

ISLAMIC JURISPRUDENCEQ2

Abstract

In the case of crimes committed by foreign nationals, the country where the crime is committed, according to the principle of territorial jurisdiction of criminal law, have the right to a hearing and judgment. But today the transfer of criminal proceedings as one of the new institutions of international criminal law, with regard to its benefits, has been used by many countries. The provisions of the European Union, expressed the formal and substantial conditions and cases and exceptions of transfer of criminal proceedings. According to some verses of the Quran and other sources of ISLAMIC JURISPRUDENCE can be argued that in Islam there is no prohibition to accept this institution. Given its optional nature and the fact that the transfer of criminal proceedings is an agreement, at the time of its compilation it is possible to adhere to the religious standards and can be accepted in most crimes even with non-Islamic countries. In this paper, the European Union regulations on the issue of transfer of criminal proceedings and feasibility of accepting it in Iranian criminal law According to the ISLAMIC JURISPRUDENCE will be discussed.

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APA: Copy

POORBAFRANI, HASSAN, & BADRI, HASSAN. (2017). TRANSFER OF CRIMINAL TRIALS IN EUROPEAN UNION LAW AND POSSIBILITY OF ITS ADOPTION IN IRANIAN CRIMINAL LAW, WITH A LOOK AT ISLAMIC JURISPRUDENCE. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 4(1 ), 31-56. SID. https://sid.ir/paper/262135/en

Vancouver: Copy

POORBAFRANI HASSAN, BADRI HASSAN. TRANSFER OF CRIMINAL TRIALS IN EUROPEAN UNION LAW AND POSSIBILITY OF ITS ADOPTION IN IRANIAN CRIMINAL LAW, WITH A LOOK AT ISLAMIC JURISPRUDENCE. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2017;4(1 ):31-56. Available from: https://sid.ir/paper/262135/en

IEEE: Copy

HASSAN POORBAFRANI, and HASSAN BADRI, “TRANSFER OF CRIMINAL TRIALS IN EUROPEAN UNION LAW AND POSSIBILITY OF ITS ADOPTION IN IRANIAN CRIMINAL LAW, WITH A LOOK AT ISLAMIC JURISPRUDENCE,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 4, no. 1 , pp. 31–56, 2017, [Online]. Available: https://sid.ir/paper/262135/en

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