A reflection on the basis of jurisdictional deviation in Iran's criminal procedure regulations with a look at French regulations

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Abbas ali  ghorbaniyan ¹ (PhD Student in Law, Faculty of Humanities, Islamic Azad University, Yazd, Iran.)
Ali  mazidi ² (Dr. Ali Mazidi Sharafabadi, Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Yazd, Iran)
Seeyad Mehdi  Mansouri ³ (Dr. Seyed Mehdi Mansouri, Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Yazd, Iran.)

Received: 2022-07-18 Accepted : 2022-08-16 Published : 2022-09-23

Keywords: France, jurisdiction, basics, Criminal Procedure Law, Violation of Jurisdiction,

Abstract :

One of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recognized in the criminal procedure law of Iran and France in the form of deviation from inherent and local jurisdiction. The main question in this article is what is the basis of disqualification? In this article, with a descriptive-analytical method, we have investigated cases of deviation from jurisdiction in the criminal procedure law of Iran and France, and we have come to the conclusion that the two important viewpoints of individual rights and public security can be used as the foundations of deviation. He mentioned the qualification. Sometimes the government ignores the rules of jurisdiction in order to protect the rights of the accused in order to have a fair trial, and sometimes the government overrides the rules of jurisdiction for order and public security. The latter case is one of the cases that, due to its unclear scope, can cause the violation of the rights of the defendants.