نوع مقاله : علمی - ترویجی
دکترای حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه آنکارا، آنکارا، ترکیه.
عنوان مقاله [English]
Evading punishment is a natural issue. Turkey, due to its conditions as a neighboring country and the existence of land ways as well as its cultural, religious and language similarities and also because of its special feature in connecting to Europe enjoys a unique position; moreover, the rule of visa waiver which is exercised mutually with this country causes the majority of criminals to prefer escaping thereto. Iran signed offenders extradition treaty with Turkey in 1936 followed by another contract in 2010. Nearly all felonies are not extradited by the Turkey party. This problem has numerous international and domestic reasons at its premise. Some of these constraints pertain to our lack of knowledge regarding the internal laws practices within this country in such a manner that a great many of these limitations can be overcome through gaining a deeper insight of Turkey’s domestic law. Turkey’s criminal procedure, respecting the culprit’s right to defend, has not provisioned trial in absentia. Therefore, based on a sentence absentia, the extradition plea for returning the criminals will be refuted. Furthermore, the term “pursue” is mentioned in the offenders extradition treaty signed between Iran and Turkey, but pursue and its actualization instant differ according to the legal systems adopted in both these countries and such a discrepancy is the cause giving rise to non-extradition. To overcome such barriers, the simplest solution is making the offenders extradition writ’s time of issuance clarified.