abolhaan shakeri; hasan khan ahmadi
Abstract
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose ...
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After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose punishments are Hodud, Qisas, and Diya. In this respect, Sharia-based Mansous (written in holy Quran and sacred sayings)Taaziraat on due observation note of article 115 must also be included in the abovementioned Act; yet, as to Mansousless Taazir crimes, jurisdictional authority of Iranian court depends on the reciprocal criminality and non-conviction in the country where the crime is occurred; Additionally, when the complaint is introduced, victim must maintain Iranian nationality until the proceeding is ended. Iranian Penal Act is applied on lapse of time and extension of time if the offender is persecuted by Iranian court and when the offender is found in or restored to the territory of Iran. It should be noted that extension of time is not started at the time of crime occurrence. If the crime committed abroad against Iranian nationals is occurred in high seas or lands without government, then Iranian court is competent for all crimes except Mansousless Taaziraat crimes.
mohamad ashouri; jafar movahedi
Abstract
After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose ...
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After legislating for one century, jurisdiction regarding Iranian victims was established in Iranian Penal Act approved in 2013, as allocated in article 8 mainatining Iranian court is competent to investigate unconditionally offences committed aboard by foreigners against Iranians including crimes whose punishments are Hodud, Qisas, and Diya. In this respect, Sharia-based Mansous (written in holy Quran and sacred sayings)Taaziraat on due observation note of article 115 must also be included in the abovementioned Act; yet, as to Mansousless Taazir crimes, jurisdictional authority of Iranian court depends on the reciprocal criminality and non-conviction in the country where the crime is occurred; Additionally, when the complaint is introduced, victim must maintain Iranian nationality until the proceeding is ended. Iranian Penal Act is applied on lapse of time and extension of time if the offender is persecuted by Iranian court and when the offender is found in or restored to the territory of Iran. It should be noted that extension of time is not started at the time of crime occurrence. If the crime committed abroad against Iranian nationals is occurred in high seas or lands without government, then Iranian court is competent for all crimes except Mansousless Taaziraat crimes.
Hossein Gholami; omid Rostami Ghazani
Volume 2, Issue 4 , November 2013, , Pages 33-64
Abstract
Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions ...
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Since the International Criminal Court has been established by the Statutewhich was ratified at Rome Conference in 1998, a new horizon was openedto the prosecution and trial of the international crimes offenders. One of thegoals to establish the ICC is fighting against the impunity; it raises somequestions in relation to developments in contemporary legal thoughts such asrestorative justice. This essay seeks to explain the concept of restorativejustice and its context in the trials of international crimes. It also seeks toexplain the Statute of ICC from the view of its proceedings and decisions byinspiration of “purist model” and “maximalist model “approaches about therestorative justice. The aim is to find the characters defined for restorativejustice in ICC, and explain the contexts of the restorative justice.
Hossein Mir Mohammad Sadeghi; Rasoul Abed
Volume 1, Issue 1 , October 2012, , Pages 97-120
Abstract
At the international level, like national level, there are certaincriminal behaviours which may pervert the right course of justice.Many ad hoc international courts have, in the course of their activities,faced the problem of how to deal with these offences. They usuallytried to justify their jurisdiction ...
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At the international level, like national level, there are certaincriminal behaviours which may pervert the right course of justice.Many ad hoc international courts have, in the course of their activities,faced the problem of how to deal with these offences. They usuallytried to justify their jurisdiction in triying these offences on the basisof the inherent jurisdiction they have in trying the core crimes, anapproach which has been criticized by many lawyers.Based on such an experience, Articles 70 and 71 of the Statute ofIntenational Criminal Court have been allocated to offences againstthe administration of justice, which will be discussed in this article. Inthe first part, a brief history of the subject is given. The seconf part isallocated to the study of the process leading to the aadoption ofArticles 70 and 71 and to the segestions given by states in this respect.In the final sections, offences against the administarion of criminaljustice, their trying and the corporation of the member states with theI.C.C in this regard has been discussed
