چکیده:
One of the most important issues in international criminal law is determining the jurisdiction of the courts to exercise jurisdiction. In this regard, according to the principle of territorial jurisdiction, all crimes committed within the territory of a country can be prosecuted and tried in the same country. On the other hand, it occurs in cases where the perpetrator is a citizen of another country or the evidence of the crime exists in another country, and if the trial takes place in these countries, with the requirements of fairness and justice, preserving the existing evidence, preventing Procrastination and ... is much closer. According to one of the manifestations of legal cooperation between states, in the transfer or referral of criminal proceedings, a country that has the inherent jurisdiction to try a crime may transfer that crime to another country on the basis of the principles and certain criteria, refer. Now, the question that has been less addressed in legal texts and researches is what is the meaning of transferring criminal proceedings between countries? What is the difference between it and institutions such as the transfer of convicts or extradition of criminals, and finally, what is the practical position of this institution in our country's legal system and its practical challenges? Accordingly, in this study, we will first examine the concept of this institution and recognize it from similar concepts, and then we will examine the practical position of this institution and its challenges in the judicial system of our country, and finally measures to improve the status of this useful action. We will present in the Iranian criminal justice system and the solution of existing practical challenges.
خلاصه ماشینی:
Based on one of the manifestations of judicial cooperation between governments, in the transfer or referral of criminal proceedings, a country that inherently has jurisdiction over a crime can refer the investigation of that crime to another country based on specific principles and rules.
As mentioned, given that the exercise of judicial authority, especially in criminal proceedings that have a significant impact on the order and security of society, has been one of the main elements of the sovereignty and authority of governments since ancient times, the transfer and referral of criminal proceedings from the country where the crime occurred to another country is a novel and uncommon matter, so much so that a look at international documents regarding this type of legal and judicial cooperation between countries reveals only two documents on this subject; the first document is the European Convention on the Transfer of Proceedings in Criminal Matters, which was signed by members in 1972 and came into force in 1978.
In international relations, referral of criminal proceedings means that a country that has legal jurisdiction to investigate crimes committed by foreign nationals refers criminal proceedings to another country, including the accused's country of origin or the country of residence (Badri & Pourbafarani, 1396, Vol. 1: 35).
Unlike our domestic law where the referring judicial authority requests the referral of the case, in the referral of proceedings in international relations, a country that is competent to investigate the crime according to jurisdictional rules requests the transfer of proceedings from another country that has some connection or nationality relationship with the accused, or a country where evidence of the crime exists.
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