خلاصه ماشینی:
Providing criminal jurisdiction based on the nationality of the victim (passive personality principle) and establishing the basis for authentication of international legal customary rules as a source of universal jurisdiction for Iranian courts are two other considerable innovations of the new Code.
Keywords: domain of application of Criminal laws, principle of personality, principle of reality, principle of universality, validity of foreign criminal judgments, non bis in idem, Islamic Penal Code.
The canon of restrictive interpretation, which protects the principle of legality in criminal law, could be defined as the interpretation based on or in line with the legality of crimes.
The latter canon belongs to the final phase of interpreting a criminal law and protects rights of the accused in the framework of principle of permissibility and presumption of innocence.
In international documents and domestic codes many criteria such as arresting the accused according to reliable evidence, informing charges promptly, using the less force in arrest and prohibition of detention of the accused in illegal lockup has been foreseen in order to protect the accused rights.
Keywords: national courts, universal jurisdiction, prosecution of international criminals, sovereignty of States, prosecutor’s discretion.
Most of these documents (like the European Convention on Human Rights) state that the Presumption lies exclusively within the area of “charges of criminal offences”.
Accordingly, the European Court of Human Rights, due to Article 6 (2), in order to determine the area of application of the Presumption faces two concepts: first is the concept of “charge” and the other is concept of “criminal offence”.
Keywords: the Presumption of Innocence, the European Court of Human Rights, applicability, charge, criminal offence.