Exceptions to the principle of territorial jurisdiction in Afghan criminal law

Document Type : Specialized scientific

Author

Dean of the Faculty of Jurisprudence and Law

ls/ls.2023.100188.1014

Abstract

The principle of territorial or intra-border jurisdiction is the most important and oldest principle in determining criminal jurisdiction, and according to it, the government's jurisdiction to deal with a crime is determined according to the place where all or part of that crime was committed. This principle is recognized in all the laws of the countries; Because it is connected with the national sovereignty of countries. The criminal laws of Afghanistan, including the Afghan Penal Code, which is considered as the most important source in the criminal law of Afghanistan, have recognized this principle. In addition to this principle, there are other principles that are more complementary. But the principle of territoriality, like many other principles in the field of humanities, also has exceptions. In this article, the exceptions to the principle of territorial jurisdiction in Afghanistan's criminal law have been discussed with a descriptive-analytical method. The author has mentioned two categories of exceptions, one in national law and the other in general international law.

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