نوع مقاله : مقاله پژوهشی
نویسنده
رئیس دانشکده فقه و حقوق دانشگاه بین المللی المصطفی (ص)- افغانستان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Intra-border jurisdiction or the principle of territorial jurisdiction, also known as land-based jurisdiction, is considered the oldest and most important principle in determining criminal jurisdiction. Based on this jurisdiction, the government determines all or part of the crime to investigate criminal behavior based on the place of commission. By accepting the aforementioned principle, evidence of crime is easier to examine and evaluate, the intimidation and deterrence aspects of criminal law are more and better ensured, and the authority and independence of the government are also preserved. The present article examines and studies the principle of territorial jurisdiction in Afghan criminal law. This research has been prepared and compiled using a descriptive-analytical method through documents and evidence. The findings of the research show that Afghan criminal law has accepted the principle of territorial jurisdiction along with three personal jurisdictions: active and passive, real jurisdiction, and universal jurisdiction, with the difference that the principle of territorial jurisdiction is presented as the main jurisdiction and other jurisdictions as complementary jurisdictions. The Afghan Penal Code, approved in 1396, in addition to providing a definition of territory and clarifying its examples, considers the commission of a crime in the water, land, and airspace of Afghanistan to be within the jurisdiction of the courts and laws of Afghanistan.
کلیدواژهها [English]
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