The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Evolution of Protective Principle in the New Islamic Penal Code with Comparative Review

Author
Hasan Poorbafrani
Esfahan University.
Abstract
  The primary principle of international Criminal law is territorial principle. However, in several special cases, Countries tend to extend their local territory of criminal law to extra territorial Jurisdiction. It means that, if providing commitment crime out of their territory of autonomy, they will decide that their provision and courts to consider the crime. For example, when occurring a crime out of their territory of autonomy, threat their vital interests.

  This Jurisdiction is called "protective principle". According to nature and violence of the crimes, different countries have no limitation and condition for protective principle, whereas, in Iran criminal law there is some limitations for acting, including presence of person in the state. In the Islamic penal code, however, those limitations are rejected.
Keywords
Fundamental and vital interests
local territory of criminal law
International Criminal Law
Protective principle
Territorial principle
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