Comparative Perspective Objection To The Jurisdiction Of The Criminal System

Legal and correct jurisdiction of courts is the beginning of criminal procedure. Formany people, division ofjurisdiction is just the relation between judicial branches.Individual parties particularly the accused has no right to express different opinionsin terms of court's jurisdiction. With the development of the theory of moderncriminal procedural, we began to recognize that the system of dividing jurisdictionis not only functioning but has theoretical basis of its own as well. In general, thesystem of division of jurisdiction between courts is relevant to the rights of theaccused (including substantive and procedural fights) and the development of legalprocedure of a state. Therefore, it is the essential right of the accused to presenttheir objection to court's jurisdiction. It is now common that in our legal practicepeople concerned has objection towards courts' jurisdiction; nevertheless, there isno legal access to complain procedure for such person, on the contrary, most of theobjections are solved outside the criminal procedure. Therefore absence ofobjection procedure has constituted a big blockade of our criminal procedure. Wedo need the legal procedure through which people concemed are accessible topresentation of objection toward courts' jurisdiction over a specific case. Throughcomparisons of the procedure of jurisdiction objection between the common lawlegal system and the civil law legal system, and between criminal and civilprocedures, we drew some inspiration with regard to the establishment of ourprocedure of presenting objection and dealing with objection towards court'sjurisdiction. When build up this concrete procedure we emphasize the idea of"procedural judgement" hoping to solving objection by judicial judgement. At thesome time, we pay enough attention to our current legal practice: asking for moreobligation from our judicial officials.