Personal Qualification Principle based on the nationality of the victim in Iran`s Penal Laws

Ramin Ghasemi, Farzad Parsa

Abstract


Personal qualification principle is one of the most important principles of extra-territorial qualifications which the country of the respective criminal or victim’s country regards the rights of investigating crimes outside the country relying on the nationality factor. In Iran`s penal laws, prior to establishing punishment law of 2014 only personal qualification law was accepted based on the criminal`s nationality, with no attention to some important principles of international punishment laws. Fortunately with the establishment of 2014 law, significant steps were taken to match personal qualification law with the accepted principles in international punishment laws. One of these evolutions we can point to acceptance of disallowing retrial and the qualification based on the nationality of the victim. However, we observe some shortcomings in this law such as rejection of disallowing retrial principle in religious crimes, which is due to avoidance of the legislator in going against principles and standards of Islam. While in this writing, after explaining strong and weak pints of law 2014 through library method and analytical-explanatory method, we explain new laws regarding qualification based on the nationality of the victim based on international documents.


Keywords


Personal qualification law, nationality of the victim, Islamic punishment law, Retrial.  

Full Text:

PDF

Refbacks

  • There are currently no refbacks.