Volume 5, Issue 4 (2001)                   CLR 2001, 5(4): 37-58 | Back to browse issues page

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Tohidi Fard M. The Process of the Globalization of Criminal Law. CLR. 2001; 5 (4) :37-58
URL: http://clr.modares.ac.ir/article-20-11663-en.html
Assistant Professor of law, Tarbiat Modarres University
Abstract:   (6608 Views)
Mohammad Tohidi Fard Assistant Professor, Department of Law, Tarbiat Modares University The phenomenon of Globalization of the Criminal Law is the historical process reaction and logical result that raise from the political philosophy and international criminal law doctorins. With the existance of regional penal regims and extranational movements in the historical human memory, the modern penal philosophy thoughts and minimal state theory for safeguarding the rights and freedom individuals and regarding the minimum principals and standards of the international humanitarian law based on rational socialism to gain speed to this movement. The conflict of the national criminal systems that appear in the legislation. Juridicial and enforcement competency with regarding the absence of the negative or positive authority of the foreign penal sentence and expanding the dcliqucncy rate and world felony organization and change the traditional identification and form of international organized crime to the world trade felony and impossible of extradition ideal thought of the global ization of the criminal Law goes to fact good efforts of the United Nations Organization for compilation the Article of the international criminal court was admitted with majority of countries. The first permanent and independent world judicial institution, This court with the general competency was assigned to challenge with the important international felonies, This new institution is the beginning practical steps to the Globalization of the Criminal law and has the important role in this process. In this article the structure, Competency and applicable law in this court.

Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30

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