نوع مقاله : مقاله علمی پژوهشی
1 استادیار دانشکده حقوق دانشگاه خوارزمی، تهران، ایران.
2 دانشجوی دوره دکتری حقوق جزا و جرم شناسی دانشگاه خوارزمی و مدرس دانشگاه پیام نور مازندران، ایران
عنوان مقاله [English]
One of the important issues in the Code of Criminal Procedure is the jurisdiction of the judicial authorities. When a crime has been committed, it should be determined from among all criminal courts that which jurisdiction it is sued in particular. Qualification in the legal term is the ability and the requirement that judicial authorities deal with lawsuits and, in the other definition, criminal jurisdiction is competent and optional, which has been delegated to the Criminal Justice Department under the law. Lawyers, based on the type of crime, the significance of the crime, the place of crime, the occupational and social status of the offender, and also considering his age and military rank (in the case of the military), have the following three competencies in criminal affairs: qualifications, local jurisdiction And personal qualifications. The two other types of qualification, namely, extra jurisdiction and relative competence, are not considered to be separate, but in three of the foregoing categories. At
The Criminal Procedure Code of 1392, the criminal courts, are divided into criminal penalties 1, 2 criminal court, the Revolutionary Court, the Children's and Juvenile Court, and the Military Tribunal. In addition to the aforementioned court, there is also a general court section in the ADC, because the general court of the section does not only deal with criminal matters, but also deals with matters of law; therefore, the legislator, the general court of the section The Criminal Court did not state. On the other hand, according to the Codex of the Prosecutor's Office and the Special Court for the Clergy, passed in 1369 and the 1384 amendment, the Special Court for the Clergy is also the authority to deal with the crimes of the clerics, therefore, given that the referendum of the court establishing the aforementioned
Therefore, in Article 294 AH. Ah DK is not part of the Criminal Court. Thus, the courts that deal with penal matters in the initial stage are: 1 - Penal Code of 2 - Criminal Code of 3 - Children and Adolescents 4 - General Court Section 5 - Revolutionary Court 6 - Military Court 7 - Special Clerical Court. By examining the structure and extent of the jurisdiction of the criminal and general courts, the public and private courts have witnessed the appropriate changes, which were, in some cases, inspired by the structure and procedure of past criminal proceedings, and the restoration and rehabilitation of some of the facilities has led to a fundamental change.