Legal Ambiguities of the Principle of Active Personal Jurisdiction in Iranian Criminal Law Considering the Laws and Regulations of England

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Ayatollah Amoli Branch, Islamic Azad University, , Amol, Iran.

2 Associate Professor of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.

3 Assistant Professor, Department of Law, Faculty of Humanities, Shamal University, Amol, Iran.

Abstract

The principle of active personal jurisdiction, as one of the aspects of extraterritorial jurisdiction, applies to crimes committed by a citizen of a country outside the territory of that country. Based on this principle, the courts of the country of the criminal will have jurisdiction under the conditions that are agreed in the international field. In this article, by using the descriptive-analytical and library method, by addressing the legal ambiguities surrounding this principle in Iranian Criminal Law and its solutions by looking at British Criminal Law, it has been obtained that in the British Criminal Law, while the crimes under this principle only include very important crimes such as murder, intentional assault, polygamy, and such examples, all internationally agreed conditions, including the conditions of no prior trial and the prohibition of double punishment, and mutual guilt are accepted and the British Criminal Law applies its jurisdiction to all crimes covered by this principle. Hence, it has greater compliance with international standards. However, in the Iranian Criminal Law, while all crimes, even light crimes, are subject to this principle, the condition of prohibition of retrial and re-punishment is accepted only in non-Sharia crimes, and the aforementioned conditions and the condition of mutual guilt are not accepted in crimes subject to sharia limits, retribution punishment, blood money, and Sharia prescribed punishments. To solve this challenge in the Iranian Criminal Law, it is suggested to establish a balance and create a proportion of legal standards with the internationally agreed conditions and take measures regarding the duality of crimes and the consideration of punishments and previous trials for all crimes in compliance with Sharia standards in such a way that, while preventing damage to the governance of countries, the conditions for prosecution and punishment of criminals are also provided.

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References

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History

  • Receive Date: 15 September 2022
  • Revise Date: 21 October 2022
  • Accept Date: 05 January 2023

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