A Comparative Critique of Regulating the Personal and the Personality Principles in the Iranian Penal System

20 Pages Posted: 12 Jan 2016

See all articles by Hassan Poorbafrani

Hassan Poorbafrani

University of Isfahan

Masoud Zamani

Islamic Azad University (IAU) - Najafabad Branch

Date Written: January 10, 2016

Abstract

A brief examination of various criminal jurisprudences in the world reveals that nationality is taken as one of the main bases for extending the judicial jurisdiction of states. In such cases, the jurisdictional bases for prosecution are in turn the personal and the passive personality principles. Yet, despite their widespread acceptance, regulating these two jurisdictional bases has not proven to be an easy task, if only for the encroachments that a wholesale resort to the jurisdictional bases in question may make into the sovereignty of other states. In this regard, the Iranian experience marks out many of the difficulties that law-makers around the world may face, when purporting to legislate on the bases for exercising extra-territorial jurisdiction. Another reason for viewing the Iranian encounter with the personal and the passive personality principles as a case of special interest is the mode in which the Iranian legislature has sought to adjust the application of the jurisdictional bases in question against the requirements of sharia law. By taking these factors into consideration, this essay will map out the successes and failures of the Iranian legislature in conceiving these two jurisdictional bases in the 2013 Code.

Keywords: Extraterritorial Jurisdiction, Iranian Penal Laws, the Personal Principle, the Passive Personality Principle

JEL Classification: K14, K33

Suggested Citation

Poorbafrani, Hassan and Zamani, Masoud, A Comparative Critique of Regulating the Personal and the Personality Principles in the Iranian Penal System (January 10, 2016). Available at SSRN: https://ssrn.com/abstract=2713296 or http://dx.doi.org/10.2139/ssrn.2713296

Hassan Poorbafrani

University of Isfahan

Azadi Square
Isfahan
Iran

Masoud Zamani (Contact Author)

Islamic Azad University (IAU) - Najafabad Branch ( email )

Iran
Iran
Najafabad, Isfahan
Iran

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