Examining the legal gaps of the district court in terms of local jurisdiction

Document Type : Research Paper

Authors

1 PhD student in Criminal Law and Criminology, University, of Kashan, Kashan, Iran.

2 Professor of Criminal Law and Criminology, University of Kashan, , Kashan, Iran.

Abstract

Despite the fact that the district court has many jurisdictions, it has legal gaps in various directions. One of these directions is how to apply the local jurisdiction of the district court. The legislature is silent about the additional jurisdiction of the district court, which includes multiplicity of charges and multiplicity of accused. The implementation of referral from jurisdiction of the district to other jurisdictions or vice versa is not very clear. Judges if faced with such cases They do not have a single judicial procedure because they have to refer to the generality of the criminal procedure law; while the district court has a different structure and function, and the regulations in the criminal procedure law cannot be sufficient. The present article descriptively-analytically Highlighting the challenges caused by the legal gaps of the district court in terms of local jurisdiction and while providing practical solutions to overcome these challenges, suggests assigning a separate chapter to the district court in the criminal procedure law or legislating a separate law.

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References

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