عنوان مقاله [English]
One of the most important issues in international criminal law is determining the jurisdiction of the courts to exercise jurisdiction. In this regard, according to the principle of territorial jurisdiction, all crimes committed within the territory of a country can be prosecuted and tried in the same country. On the other hand, it occurs in cases where the perpetrator is a citizen of another country or the evidence of the crime exists in another country, and if the trial takes place in these countries, with the requirements of fairness and justice, preserving the existing evidence, preventing Procrastination and ... is much closer. According to one of the manifestations of legal cooperation between states, in the transfer or referral of criminal proceedings, a country that has the inherent jurisdiction to try a crime may transfer that crime to another country on the basis of the principles and Certain criteria, refer. Now, the question that has been less addressed in legal texts and researches is what is the meaning of transferring criminal proceedings between countries? What is the difference between it and institutions such as the transfer of convicts or extradition of criminals, and finally, what is the practical position of this institution in our country's legal system and its practical challenges?
Accordingly, in this study, we will first examine the concept of this institution and recognize it from similar concepts, then we will examine the practical position of this institution and its challenges in the judicial system of our country, and finally measures to improve the status of this useful action. We will present in the Iranian criminal justice system and the solution of existing practical challenges.