FOUNDATIONS AND EVOLUTION OF NATIONALITY-BASED JURISDICTION

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POURBAFERANI HASAN

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Journal: CRIMINAL LAW RESEARCH Year:2017 | Volume:4 | Issue:17 Page(s): 9-30

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Information Journal Paper

Title

FOUNDATIONS AND EVOLUTION OF NATIONALITY-BASED JURISDICTION

Author(s)

POURBAFERANI HASAN | Issue Writer Certificate

Keywords

NATIONALITY PRINCIPLE

PASSIVE PERSONALITY PRINCIPLE

TERRITORIAL PRINCIPLE

TERRITORIAL SOVEREIGNTY

NON BIS IN IDEM

Abstract

Investigating the criminal laws of different countries show that NATIONALITY PRINCIPLE is one of the most important principles of extra-territorial criminal jurisdiction. For the first time in the history of Criminal law in Iran, the principle of nationality-based jurisdiction was accepted. The rule of No Double Jeopardy which had been rejected in the wake of Islamic Revolution (1979) came into existence once again. However, some other evolutions could also come to view in the same line with the consideration of jurisdiction based on the nationality of victim such as the application of jurisdiction is subjected to the claim of plaintiff and also the opinion of public prosecutor’s office; these two conditions were not in contrast to Shaira standard at least in the field of Tazirat.

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APA: Copy

POURBAFERANI, HASAN. (2017). FOUNDATIONS AND EVOLUTION OF NATIONALITY-BASED JURISDICTION. CRIMINAL LAW RESEARCH, 4(17 ), 9-30. SID. https://sid.ir/paper/266583/en

Vancouver: Copy

POURBAFERANI HASAN. FOUNDATIONS AND EVOLUTION OF NATIONALITY-BASED JURISDICTION. CRIMINAL LAW RESEARCH[Internet]. 2017;4(17 ):9-30. Available from: https://sid.ir/paper/266583/en

IEEE: Copy

HASAN POURBAFERANI, “FOUNDATIONS AND EVOLUTION OF NATIONALITY-BASED JURISDICTION,” CRIMINAL LAW RESEARCH, vol. 4, no. 17 , pp. 9–30, 2017, [Online]. Available: https://sid.ir/paper/266583/en

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