TITLE:
Infringements Liable to Protective Jurisdiction (Case Study: Islamic Republic of Iran, France and Egypt’s Laws)
AUTHORS:
Mohammad Ali Khozeimeh, Majid Shayganfard
KEYWORDS:
Principle of Protective Jurisdiction, Spatial Territory of the Penal Law, The Principle of Territorial Jurisdiction
JOURNAL NAME:
Beijing Law Review,
Vol.8 No.3,
August
29,
2017
ABSTRACT: The international penal code of law is laid upon the territorial jurisdictions. However, countries try to extend the spatial domain of their penal laws to areas outside their sovereignty in several exceptional states meaning that in case a crime is perpetrated outside its jurisdiction a country knows its rules and courts as being qualified to try it. One such a case states that if a crime perpetrated abroad jeopardizes their essential and vital interests the type of the jurisdiction that is created under such a circumstance is called “protective jurisdiction”. According to the nature and the intensity of the crimes dealt with based on the principle of protective jurisdiction, various countries do not accept any limitation and condition except the limitation of the examples of crimes subject to protective jurisdiction in regard of the international law for the execution of such an authority. The objective of the current research paper is the investigation of the crime examples subject to protective jurisdiction in the law of Iran, Egypt and France. The results obtained from the present analytical-descriptive study indicate that there are important crimes enumerated case-specifically among the crimes subject to protective jurisdiction in the statutory provisions exercised in countries like Iran, Egypt and France.