نوع مقاله : مقاله پژوهشی
نویسندگان
1 مدرس دانشگاه، معاون دادستان انتظامی قضات قوه قضائیه، تهران، ایران.
2 دانشگاه علوم قضایی و خدمات اداری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
the protective jurisdiction principle is one of the four types of jurisdictions that, according to the principles contained in this principle, governments, in order to protect their security, independence, and integrity, have the right to deal with crimes that, due to the fact that they are oppose to the risks outside the territorial territory of that state, their basic interests. In Iran's penal system, the principle of real jurisdiction was accepted by the legislator in the General Penalty Law in 1973, and after the Islamic Revolution, despite changes in form and substance, it was approved in Article 5 of the Islamic Penalty Law 2013. the protective jurisdiction principle, despite its many functions and resolving issues surrounding the conflict of criminal jurisdictions, has brought challenges and ambiguities since its establishment in the international criminal system, some of which have attracted the attention of jurists and given them acceptable arguments and justifications. We have called this type "measured challenges". But some other challenges are related to the protective jurisdiction principle that have not been paid attention to in the international arena or have recently arisen due to the changes and developments caused by different periods of legislation and have been neglected in Iran's penal system so far. We call this type "unmeasured challenges". The main investigation in this article will be involved to the last part of the challenges
کلیدواژهها [English]
)