Passive Personality Principle with a Focus on Islamic New Penal Code of Iran

The passive personality principle is one of the most controversial governing principles to determine criminal principles in the international criminal law. This principle has constantly had supporters and opponents and it has been accepted as a general principle in the article 8 of Islamic new penal code (codified 1390) for the first time in Iran law. It is undoubtedly counted one of the inventions of this new law. Previously the approach of Iran law (near to one century of the legislation) has totally not accepted this principle except in some cases. This note attempts to criticize and examine the reasons of supporters and opponents, mean time; determining the concept and provisions of applying this principle. Moreover, the approach of Iran law has been studied before and after new Islamic penal code and at last determined the provisions and realm of applying of article 8Passive Personality Principle with a Focus on Islamic New Penal Code of Iran Hossein Mir Muhammad Sadeghi (Professor at Shahid Beheshti University) Ali Izadyar (An M.A student of Criminal Law and Criminology)The passive personality principle is one of the most controversial governing principles to determine criminal principles in the international criminal law. This principle has constantly had supporters and opponents and it has been accepted as a general principle in the article 8 of Islamic new penal code (codified 1390) for the first time in Iran law. It is undoubtedly counted one of the inventions of this new law. Previously the approach of Iran law (near to one century of the legislation) has totally not accepted this principle except in some cases. This note attempts to criticize and examine the reasons of supporters and opponents, mean time; determining the concept and provisions of applying this principle. Moreover, the approach of Iran law has been studied before and after new Islamic penal code and at last determined the provisions and realm of applying of article 8.