Transferring detainees and identifying foreign criminal sentences in Afghan law

Abstract

Mohammad Mehdi Batur1, Mohammad Yahya Balaghat2, Ahmad Reza Sadeghi3

1- Professor at Kateb University, Kabul, Afghanistan, Corresponding Author۹

2- Scientific Board Member of Kateb University, Kabul, Afghanistan 3- Professor at Kateb University, Kabul, Afghanistan

To get familiar with the procedures and procedures for enforcing foreign criminal laws and regulations that are exceptionally based on the principle of non-recognition And the validity of foreign criminal sentences in the territory of the country, the researcher, despite the ambiguity of the process of transferring prisoners to Afghan law, established. The Government of Afghanistan has signed agreements on the transfer of detainees to the Russian Federation, the Islamic Republic of Iran and Tajikistan. In this way, the exchange of convicts is imprisoned Countries are subject to conditions (physical and physical). So far, 284 Afghan citizens from Tajikistan and 19 Afghan citizens from Iran have been brought in by the same procedure. On the other hand, 3 people are citizens Tajikistan and 28 Iranian nationals have been transferred to their country for the purpose of implementing and enforcing absenteeism sentences by Afghan courts. Afghan government in transferring convicts to Imprisonment with the countries that have concluded the agreement on the implementation of the extramarital sentences of the foreign country against the Afghan prisoner who transferred the proceedings and transferred to the country’s prisons is such that the sentence Extramaritalization in prisons will be imposed on directly displaced prisoners and will not interfere substantially with this criminal judgment, unless this is contrary to the principles and norms of the Afghan legislature, in This will eliminate the vacuum created by the Supreme Court by appealing to the emancipation.

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2021-11-27