1
University Lecturer, Deputy Prosecutor of the Judiciary, Tehran, Iran.
2
University of judicial science and administrative services
10.22034/jml.2023.1995902.1244
Abstract
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
ahmadifar,D. and Ezazi,M. R. (2025). Legislative challenges of the protective jurisdiction principle. Modern Jurisprudence and Law, 14(24), 1-21. doi: 10.22034/jml.2023.1995902.1244
MLA
ahmadifar,D. , and Ezazi,M. R. . "Legislative challenges of the protective jurisdiction principle", Modern Jurisprudence and Law, 14, 24, 2025, 1-21. doi: 10.22034/jml.2023.1995902.1244
HARVARD
ahmadifar D., Ezazi M. R. (2025). 'Legislative challenges of the protective jurisdiction principle', Modern Jurisprudence and Law, 14(24), pp. 1-21. doi: 10.22034/jml.2023.1995902.1244
CHICAGO
D. ahmadifar and M. R. Ezazi, "Legislative challenges of the protective jurisdiction principle," Modern Jurisprudence and Law, 14 24 (2025): 1-21, doi: 10.22034/jml.2023.1995902.1244
VANCOUVER
ahmadifar D., Ezazi M. R. Legislative challenges of the protective jurisdiction principle. Modern Jurisprudence and Law, 2025; 14(24): 1-21. doi: 10.22034/jml.2023.1995902.1244