CHALLENGE ON THE DETERMINATION OF IRANIANCOMPETENT COURT REGARDING CRIMES COMMITTED BY APATRIDS PERSONS ABROAD

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TABATABAI SEYED MOHAMMAD SADEGH; ASADI SEYED HOSSEIN

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Journal: CRIMINAL LAW RESEARCH Year:2015 | Volume:3 | Issue:12 Page(s): 147-175

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Information Journal Paper

Title

CHALLENGE ON THE DETERMINATION OF IRANIANCOMPETENT COURT REGARDING CRIMES COMMITTED BY APATRIDS PERSONS ABROAD

Author(s)

TABATABAI SEYED MOHAMMAD SADEGH | ASADI SEYED HOSSEIN | Issue Writer Certificate

Keywords

INTERNATIONAL CRIMINAL LAW

LOCAL COMPETENCE

APATRID PERSONS

LINKING FACTOR

ARTICLE 316 OF THE CRIMINAL PROCEDURE CODE

INTERPRETATION OF LAW

Abstract

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.

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APA: Copy

TABATABAI, SEYED MOHAMMAD SADEGH, & ASADI, SEYED HOSSEIN. (2015). CHALLENGE ON THE DETERMINATION OF IRANIANCOMPETENT COURT REGARDING CRIMES COMMITTED BY APATRIDS PERSONS ABROAD. CRIMINAL LAW RESEARCH, 3(12 ), 147-175. SID. https://sid.ir/paper/266606/en

Vancouver: Copy

TABATABAI SEYED MOHAMMAD SADEGH, ASADI SEYED HOSSEIN. CHALLENGE ON THE DETERMINATION OF IRANIANCOMPETENT COURT REGARDING CRIMES COMMITTED BY APATRIDS PERSONS ABROAD. CRIMINAL LAW RESEARCH[Internet]. 2015;3(12 ):147-175. Available from: https://sid.ir/paper/266606/en

IEEE: Copy

SEYED MOHAMMAD SADEGH TABATABAI, and SEYED HOSSEIN ASADI, “CHALLENGE ON THE DETERMINATION OF IRANIANCOMPETENT COURT REGARDING CRIMES COMMITTED BY APATRIDS PERSONS ABROAD,” CRIMINAL LAW RESEARCH, vol. 3, no. 12 , pp. 147–175, 2015, [Online]. Available: https://sid.ir/paper/266606/en

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