Challenge on the Determination of IranianCompetent Court regarding Crimes Committed by Apatrids Persons Abroad

Abstract

The jurisdiction of a court refers to its capacity in order to take valid legal actions. The first of purpose the criminal law is to inflict deserved punishment for retaliation of the committed crime. A prosecutor prosecutes defendant which might lead to conviction. Many states including Iran claim jurisdiction over the crimes of their own citizens even if these crimes have been committed abroad. Moreover, it is also true for a case when an apatrid individual commits a crime against an Iranian citizen abroad. Considerable ambiguities and errors are observable by studying the determined jurisdictional principles in the Criminal Procedure Code. The reason for this ambiguity revolves around article 316 which is not clear- cut, which may leads jurist and judges to interpretive narrowly. As principle of legitimacy of offences provides that penal codes must be interpreted strictly and should not be generalized through compression method, it is necessary that it article be reformed.

Keywords

• international criminal law
• local competence
• apatrid persons
• linking factor
• article 316 of the criminal procedure code
• interpretation of law