The Deviation from the Domestic Jurisdiction in the Process of the Criminal Procedure of Iran and France

One of the important principles and rules in the process of the criminal procedure is the issue of jurisdiction. This principle is taken from the other important principle namely the legality of the court and it is considered the part of jus cogens in the criminal procedure. As both sides in dispute cannot enter to an agreement which is contrary to or in conflict with what the law has granted courts jurisdiction. This subject is also considered the cases which differentiates the civil procedure from the criminal procedure. However, in the criminal procedure and the domestic jurisdiction, the legislature has given permission to some authorities (officials) to deviate from the mentioned rule in some exigencies and exceptional cases. In reality, this matter as a breach of the domestic jurisdiction is an exception for the mentioned principle. This issue has been considered by the two criminal procedures of Iran and France. With attention to the exceptional nature of this issue, it is necessary the powerful and stable justifications to take away the jurisdiction which has been defined by the law. One of these justifications is the category of the consideration the public order and security which have been determined by both Iranian and French legislatures with differences. In cases, the facility of investigation and the acceleration in the investigation process can justify this breach of the principle. In this research paper, it has been tried to explore and analyzed the measures and cases of tendency of both legislatures meanwhile propounding these justifications and comparing them two mentioned legal systems. Recognition and comparison of this subject has a crucial rule to secure (guarantee) the rights of accused and victims and society as main actors in the criminal procedure.