انعقاد معاهدات معاضدت قضايي در نظام حقوقي ايران: تقابل يا همسازي نظام حقوقي بين المللي با نظام حقوقي داخلي ايران

Ratification of Juridical Assistance Treaties in Iranian Legal Order Regarding International Legal Order: Confrontation or Compatibility?

The increasing improvement of the Statesʹ relations calls for eliminating certain obstacles, such as hosting criminals escaping from justice, confrontation of which necessitates countries friendly co- operation. Cooperation in this field results in ratification of Legal Assistance Treaties. These treaties, when concluded, are governed by some principles of the international criminal law and public international law. Yet, due to particular nature of the Islamic Republic of Iran, in which Guardian Council plays significant role in interpreting treaties according to the Shari]ah, certain obstacles seem to emerge in concluding such treaties. In fact, the interpretations of the Guardianʹs Council reject these principles, yet the necessities of the judicial cooperation between Iran and other countries requires the confirmation of enactments of the Parliament by the Expediency Council. The role of the Guardian Council in objecting to some treaties and accepting others with the same content is noticeable.