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Paper Information

Journal:   JOURNAL OF JUDICIAL LAW VIEWS   SUMMER 2012 , Volume 17 , Number 58; Page(s) 73 To 96.
 
Paper: 

EVOLUTION OF PROTECTIVE PRINCIPLE IN THE NEW ISLAMIC PENAL CODE WITH COMPARATIVE REVIEW

 
 
Author(s):  POORBAFRANI HASAN*
 
* LAW DEPARTMENT, ESFAHAN UNIVERSITY
 
Abstract: 

The primary principle of international Criminal law is territorial principle. However, in several special cases, Countries tend to extend their local territory of criminal law to extra territorial Jurisdiction. It means that, if providing commitment crime out of their territory of autonomy, they will decide that their provision and courts to consider the crime. For example, when occurring a crime out of their territory of autonomy, threat their vital interests.
This Jurisdiction is called "protective principle". According to nature and violence of the crimes, different countries have no limitation and condition for protective principle, whereas, in Iran criminal law there is some limitations for acting, including presence of person in the state. In the Islamic penal code, however, those limitations are rejected.

 
Keyword(s): FUNDAMENTAL AND VITAL INTERESTS, LOCAL TERRITORY OF CRIMINAL LAW, INTERNATIONAL CRIMINAL LAW, PROTECTIVE PRINCIPLE, TERRITORIAL PRINCIPLE
 
References: 
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