The principle of personal jurisdiction in Iran s criminal laws

Hasan dastmard¹ Nariman fakheri²

1) Master of Criminal Law and Criminology, Payam Noor University, Karaj branch
2) PhD in criminal law and criminology, University of Tehran

IOI Code : XGEE-HKCDZ
Publication : 2nd International Conference on Researches in Accounting, Economics, Management & Humanities(meaconf.com/2nd)
Abstract :
    One of the principles of criminal jurisdiction, according to which the courts of different countries exercise jurisdiction over crimes committed; The principle is personal competence. This principle has two different aspects, one of which is related to crimes committed by citizens abroad and the other aspect is related to crimes committed against citizens abroad. The first is called the principle of active personal competence and the second is called the principle of passive personal competence. The second principle is the most controversial principle of extraterritorial criminal jurisdiction, so the acceptance of this principle in different countries has always been criticized. But the passage of time and attention to the needs of the international community have led countries opposed to the principle of passive personal competence to embrace it, at least in important crimes. As in Iran, the legislator s approach has been the non-acceptance of this principle in the Penal Code for years, except for some scattered laws and treaties, until finally this principle was accepted in the Islamic Penal Code adopted in 2013. In general, the principle of personal jurisdiction, both active and passive, in order to address the criticisms and shortcomings of these principles are subject to conditions such as: the rule of non-retrial and the condition of mutual guilt.

Keywords : mutual guilt condition active personal competence passive personal competence no retrial rule