Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Oct 2020)

Criticism of the Victim’s Protection Order in European Criminal Law

  • Javad salehi

DOI
https://doi.org/10.22054/jclr.2019.39258.1849
Journal volume & issue
Vol. 9, no. 32
pp. 9 – 40

Abstract

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European Union Directive have same protection of the victim in territory of European Union’s member states. But, implementation of European Protection Order needs to unification of criminal laws in the European Union’s members. But, the European Union has not yet achieved the goal of unifying the criminal laws in its member states. Accordingly, European Union Directive by creation, issuing and enforcing of European Protection Order have expectations of victim’s same protection, regardless of his/her nationality in throughout of the member states’ territory. European Protection Order is new mechanism of European Union’s criminal law and lacks a record in others criminal law. Therefore, European Protection Order by victim-state is issued for enforcement in the territory of offender-convicting state to defend the rights of the citizen based on domestic criminal law in the territory of the extraterritorial. The subject matter of paper is to examine the dimensions and achievements and its connection with criminal laws’ principals. Paper approach is descriptive and analytical relying European Union Directive. on Research question is: What is the status of victim’ European Protection Order in extraterritorial and its achievements in European Union criminal law? Findings of research indicate that exact implementation of European Protection Order also require.

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