نوع مقاله : مقاله علمی - پژوهشی
1 دانشجوی دکتری حقوق جزا و جرمشناسی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
2 دانشیار گروه حقوق جزا و جرمشناسی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
عنوان مقاله [English]
n Iranian and French law, deviation from local criminal jurisdiction, according to some criteria and aspects, is prescribed through the transfer of proceedings and under the exceptional title of " Referral ". Although the mentioned directions have different titles in the two countries, but in many cases they are compatible with each other, so that the residence of the accused in another area, ease of adjudication in a closer area in Iranian law, under the factor of better administration of justice in French law. Public order, as another thematic aspect of the transfer of proceedings in the regulations of these countries, doesn't refer to the type of crime committed, but in the case where the disturbance of urban order is due to the effects of the proceedings or there are serious threats against the persons involved in the case. However, despite the aforementioned commonalities of the studied countries, they have differences in terms of predicting the notification provisions in the French origin and identifying the referral jurisdiction in the Iranian origin. While the latter jurisdiction in Iran precludes the granting of a referral by a constituency without such jurisdiction, in France the said prohibition will be annulled, just as in the case of public order in Iranian law a secondary referral without such jurisdiction would be considered. What is left silent in the regulations of these countries is the permission to deviate from the referral if the barriers to the proceedings are removed in the constituency, which in the opinion of this abolition doesn't grant permission to cancel the referral, so returning the case to this constituency won't be possible except in the referral regulations.