Volume 12 - Special Issue on Human Rights and Citizenship Rights
MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 373-386 |
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Khalili Far H, Goldoziyan I, Asgar Khani A M. Eliminate the gaps in the Islamic Penal Code Regarding the Jurisdiction of International Crimes in the Iranian Legal System. MLJ 2018; 12 :373-386
URL: http://ijmedicallaw.ir/article-1-1215-en.html
URL: http://ijmedicallaw.ir/article-1-1215-en.html
1- Qeshm Branch, Islamic Azad University, Qeshm, Iran
2- Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran. (Corresponding author)
3- Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
2- Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran. (Corresponding author)
3- Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
Abstract:
Background and Aim: One of the Important Aspects in the Criminal Field is the Issue of Jurisdiction and Competent Criminal Courts to Deal With International Erimes in the Domestic Legal System. Considering That the Islamic Penal Code and the Code of Criminal Procedure Have Recently Been Adopted in the Islamic Republic of Iran, the Purpose of This Study is to Investigate the Basics of the International Criminal Law System in the Framework of the Iranian Criminal Law System and Provide a Suitable Model for Synchronizing the Domestic Legal System of Iran With the International Criminal Law System.
Materials and Methods: This Descriptive-Analytical Research is a Theoretical Type and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.
Findings: The Atmosphere of International Criminal Law, for Various Reasons, Including the Principle of Legality of Crimes and Punishments, the Principle of Narrow Interpretation, the Principle of Non-Interference in the Internal Affairs of Governments, Etc. is Closely Related to the Atmosphere of Domestic Law. The General Orientation in the Field of International Criminal Law is That, Given the Above Reasons, Governments Should, to the Extent Possible, Criminalize International Crimes and Offenses in Their Domestic Legal System and the Effects that International Criminal Law Provides for Such Crimes and Offenses, Within the Framework of Domestic Law. If Governments do not Move in the Direction of Convergence and Harmonization With the International Criminal Law System, They Will be Held Accountable in Practice.
Conclusion: It Seems That the Changes That Have Taken Place in the Nature of the Criminal Law, With the Establishment and Influence of the Provisions of International Criminal Law in the Field of International Crime, Have not Been Adjusted in Proportion to Other Sectors. Given the Multiplicity of These Crimes and Their Examples, as Well as the Lack of Coordination of Some Principles of Domestic Law With the International Criminal Law System and the Need to Refer to International Standards in Cases of International Crimes, it Seems Necessary in the Domestic Law System of Iran Dedicated to Investigate International Crimes.
Please Cite This Article As: Khalili Far H, Goldoziyan I, Asgar Khani A M. Eliminate the gaps in the Islamic Penal Code Regarding the Jurisdiction of International Crimes in the Iranian Legal System. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 373-386.
Materials and Methods: This Descriptive-Analytical Research is a Theoretical Type and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.
Findings: The Atmosphere of International Criminal Law, for Various Reasons, Including the Principle of Legality of Crimes and Punishments, the Principle of Narrow Interpretation, the Principle of Non-Interference in the Internal Affairs of Governments, Etc. is Closely Related to the Atmosphere of Domestic Law. The General Orientation in the Field of International Criminal Law is That, Given the Above Reasons, Governments Should, to the Extent Possible, Criminalize International Crimes and Offenses in Their Domestic Legal System and the Effects that International Criminal Law Provides for Such Crimes and Offenses, Within the Framework of Domestic Law. If Governments do not Move in the Direction of Convergence and Harmonization With the International Criminal Law System, They Will be Held Accountable in Practice.
Conclusion: It Seems That the Changes That Have Taken Place in the Nature of the Criminal Law, With the Establishment and Influence of the Provisions of International Criminal Law in the Field of International Crime, Have not Been Adjusted in Proportion to Other Sectors. Given the Multiplicity of These Crimes and Their Examples, as Well as the Lack of Coordination of Some Principles of Domestic Law With the International Criminal Law System and the Need to Refer to International Standards in Cases of International Crimes, it Seems Necessary in the Domestic Law System of Iran Dedicated to Investigate International Crimes.
Please Cite This Article As: Khalili Far H, Goldoziyan I, Asgar Khani A M. Eliminate the gaps in the Islamic Penal Code Regarding the Jurisdiction of International Crimes in the Iranian Legal System. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 373-386.
Keywords: International Criminal Law, Islamic Penal Code, Criminal Procedure Code, International Crimes, Jurisdiction
Type of Study: Original Article |
Received: 2018/12/5 | Accepted: 2021/01/6
Received: 2018/12/5 | Accepted: 2021/01/6
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