عنوان مقاله [English]
Today, if the dimensions of the problem of the presence of Afghan nationals are considered to be particularly illegal, without a doubt, one of its most important aspects, which has both security effects and social and economic consequences, is the issue of murder by these nationals. The considerable amount of deliberate murder committed by them, centered on Afghan victims, creates a reasonable expectation that a plan will be thought about it. On the one hand, the geographical and border framework of Iran has turned it into a backyard for committing intentional murders, and on the other hand, it has brought legal challenges to Iran's judiciary, which, if ignored, will cause the society to face double damage. The present article tries to enumerate the judicial challenges of committing murder by Afghan nationals and provide solutions to overcome them with analytical-descriptive method. The result of the research indicates that the lack of attention of the authorities of prosecution, investigation and investigation, lack of identification of Afghan perpetrators or lack of access to them, lack of identification of the victim or guardian, lack of deterrence of determinate punishment, impossibility of assigning criminal security, lack of awareness mechanisms, lack of interest and lack of specific mechanism To organize and access fugitive perpetrators is one of the most important judicial challenges. The immediate presence of prosecution and investigation authorities at the scene of intentional murder, the issuance of appropriate orders and continuous monitoring of the process of identifying and accessing Afghan perpetrators, the multiple presence of prosecutors in the contexts of the presence and residence of these nationals, the implementation of a comprehensive system by the prosecutors of each area and the obligation of Afghan nationals to registration, immediate rejection of unauthorized nationals until deportation, creation of care and training camps for them, strict implementation of the law on the entry and residence of foreign nationals and supervision of the implementation by the Attorney General of the country, successful mechanisms to reduce the commission of intentional homicide or existing challenges and imagine It is the release of these nationals.