Article 51 – The courts can only perform their duties within their own area of jurisdiction and will start their research and investigations within the legal framework as follows:
- If the crime is committed within their area of jurisdiction.
- If the crime is committed in another area but was discovered in their jurisdiction, or if the accused was arrested in their jurisdiction.
- If the crime is committed in the area of jurisdiction of another court, but the accused or suspect lives in their jurisdiction.
Article 52 – In cases where the crime is committed out of the area of jurisdiction of a court, but is discovered in its jurisdiction, or the perpetrator is arrested in the jurisdiction of that particular court, or in cases when the court that has jurisdiction over the scene where the crime was committed is not capable of performing the investigation, the court will perform the appropriate investigations and will send the file along with the accused (if arrested) to the right court.
Article 53 – If a crime is discovered in an area, but the location of where the crime was committed is unknown, the court will continue the initiated investigations until the investigations are concluded, or until the location of crime is determined. In cases where the location of the crime is not determined, the court will continue the investigations and will issue the sentence.
Article 54 – The accused will go on trial at the court that has jurisdiction. If there are several crimes committed in different locations, then the accused will go on trial at the court where the most serious crime took place. If the crimes all carry the same degree of punishment, the court with jurisdiction over the location where the perpetrator has been arrested will process the case. If the accused has committed crimes in different jurisdictions and has not yet been arrested, the court which initially started the investigation is qualified to examine all mentioned crimes.
Article 55 – If a person is accused of several crimes, some of which should be tried in a public court and some of which should be tried in Revolutionary or Military Courts, the accused will first go on trial at the court that has jurisdiction over the most serious crime. The accused will then proceed to the respective courts for adjudication of the rest of the crimes. In cases where the accusations warrant the same degree of punishment, the accused will go on trial at the Revolutionary, Military, and Public courts in that order.
Article 56 – The criminal’s accomplices will also go on trial in the court where the crime of the main convict is being investigated.
Article 57 – If an Iranian commits a crime outside of the territory of the Islamic Republic of Iran and is arrested inside Iran, s/he will go to the court where s/he was arrested.
Article 58 – Any disagreements on competencies should be resolved in accordance with the articles stipulated in the Civil Code of Procedures.
Article 59 – If the investigation of the accused, or hearing the testimony of the witnesses, or examination of the scene, or inspection of the house, or collection of the tools and instruments of the crime’s, and in general any action that is required to be taken out of the jurisdiction of a court, the Magistrate Court will request to hold the trial with granted legal representation mentioning the details. The court performs the initial requested investigation and returns the prepared and signed papers along with all collected documents to the requesting court.
Note – If confession from the accused, testimony of a witness, or testimony regarding the witness’s testimonial is documented for the court’s sentence, then the issuing judge must have a hearing.
Article 60 – When a court requests the examination of an accused from another court, it can either specify the type of bail or refer it to the requesting court. When the requesting court has not stated anything about the bail, or it has become evident to the requesting court that no bail has been collected, or it considers it inappropriate, it can collect an appropriate bail on its own accord.
Note – The Vice Executive Court can refer the requested action to the examining magistrate.
Article 61 – The initial investigations shall be performed immediately and public holidays shall not hinder the investigations.
