Section 3
Trial
Chapter 1
Authority of the Courts in Proceeding with Criminal Cases
Proceeding Authority
Article 178:
All criminal cases shall be processed by the authorized court, unless provided otherwise by another special law.
Territorial Jurisdiction
Article 179:
(1) The authorized court to hear a case shall be thecourt located in the area where the crime has occurred, where the accused person has been arrested, or where he lives.
(2) In attempt crimes, the authorized court shall be the one within whose territorial jurisdiction the last act of the attempted crime has taken place.
(3) In case of continuing crimes, the location where the crime has ended and in case of addiction crimes, the location where the act resulting in addiction of crime has occurred shall be considered the location of crime.
(4) The Supreme Court may transfer authority for hearing a case from the authorized court to another court in cases where the security situation or other legal necessity requires and the relevant persons or Attorney General suggest the transfer to the Supreme Court. In such case, the assigned court shall be considered the authorized court.
(5) In cases where the law has foreseen processing of the case by a special court, the court stated in the special law shall be the considered as the competent court.
Crimes Perpetrated Outside of the Country’s Territory
Article 180:
If the crime is committed outside the country’s territory, and the provisions of Afghanistan laws are applicable to the crime, and the accused person has not been arrested in Afghanistan or does not have a specific residence in Afghanistan, Kabul province court is the competent court.
End of Criminal Case
Article 181:
1) If proceeding with a criminal case depends on proceeding with a personal status case orother criminal case or civil case out of the criminal court jurisdiction, the court shall delay proceeding with the criminal case until issuance of final decision about the civil case and forward the issue to the competent court to resolve the case and keep the accused person, plaintiff, or their legal representatives informed of the proceedings.
2) If proceeding with a criminal case depends on proceeding with another criminal case or victim’s claim within the jurisdiction of the same court, the court shall first proceed with the other criminal case or victim’s claim and then in case of existing proof, the criminal case shall proceed.
