چکیده:
In Iranian criminal law, the principle of jurisdiction based on the nationality of the victim has not been accepted. While many countries have accepted this important principle of international criminal law, its acceptance by the Iranian legislator does not conflict with international criminal law. Similarly, the acceptance of this principle does not conflict with Sharia principles, because according to Sharia principles, wherever a crime is committed against the citizens of an Islamic country, the jurisdiction to handle it lies with the courts of the Islamic country. Furthermore, it seems that the non-acceptance of this principle is also against the national interests of the country.
خلاصه ماشینی:
This criticism does not possess much strength; because, firstly, in all principles of jurisdiction for applying criminal laws outside the sovereign territory, including the principle of jurisdiction based on the nationality of the victim, a state only considers itself to have legislative and judicial jurisdiction; in this way, it creates this right for itself that if it gains access to the accused through legal means (such as extradition of the accused or finding the accused within its sovereign territory), it is competent to handle their crime.
(1) Interestingly, states, even those that have not accepted the principle of jurisdiction based on the nationality of the victim, have generally accepted the rule of non bis in idem (prohibition of double jeopardy), which is one of the important rules of international criminal law.
(2) Therefore, despite the conditions considered for the application of this principle in different countries, it seems that the application of this principle is not only not considered an interference in the sovereignty of the state where the crime occurred and the perpetrator's home state, but also, since it leads in a way to ______________________________ 1- For example, reference can be made to Article 113-9 of the French Penal Code enacted in 1992, according to which "in the cases provided for in Articles 113-6 (principle of personal jurisdiction) and 113-7 (principle of jurisdiction based on the nationality of the victim), no prosecution shall be carried out against someone who proves that they have been definitively tried abroad for the same crimes and, if convicted, has undergone the penalty or their penalty has become subject to the statute of limitations.
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