Document Type : Research Paper
Authors
1 Associate Professor of Criminal Law and Criminology, Department of Law, Faculty of Administrative Sciences and Economics,University of Isfahan, Isfahan, Iran
2 Ph.D student in criminal law and criminology, Kish International Campus, Tehran University, Kish, Iran
3 Ph.D in criminal law and criminology, Ferdowsi University of Mashhad, Mashhad, Iran
Abstract
Transferring convicts to prison is oneof the almost new forms of judicial cooperation.The ever-increasing communication has doubled the need to use this institution.Iran also paid attention to this matter by concluding the treaty on the transfer of convicts with Azerbaijan in 1378.Although the process of concluding these treaties is increasing in the country today,there is always the question of whether the approval of a special law in this field is not necessary.And if there is a law, wouldn't it be easier to solve the problem of transferring Iranians sentenced to prison in other countries and vice versa? Using the descriptive-analytical method and library tools, the upcoming research, in addition to examining the reasons why legislation is not necessary,also explains the reasons for its necessity.The result is such that the adoption of a special law in this field is not useless,because it can help in the process of transferring convicts and their procedure.However, considering the serious obstacles in the way of this legislation, the least action can be the creation of a model document by the country so that it has the necessary policies in mind before entering the stage of creating rights and obligations in the field of treaties.
Keywords
- transfer of convicts
- judicial cooperation
- international treaties
- convicts
- international criminal law
Main Subjects
Council of Europe, European Convention on the International Validity of Criminal Judgments, the Hague, 28 V.1970.
The 18 U.S.C., Chapter 306: Transfer to or from foreign countries of United States 1982
The IRG of Federal Republic of Germany 1982.
The IRSG of Switzerland 1981.
The Transfer of Offenders Act of Canada 1978.
The Treaty between Canada and The United States of America on the Execution of Penal sentences 1977.
The Treaty between The United States of America and The United Mexican States on the Execution of Penal sentences 1976.
The UN Model Agreement on the Transfer of Foreign Prisoners 1985.
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