ghazavat - No.6

A selection of latest legal approvals

Some cases of the national budget law of the year 2002

1. Some cases, for which the law has forbidden some expenses, it is considered as offense if to attribute to them some validity for which it is not necessary to regard the account law.

The article 598 of the Islamic punishment law states that each one of the employees and staff of the administrations, organizations, councils, municipalities, and the governmental companies or the companies which are dependent on the government or revolution institutions or the institutions which are administrated under the supervision of the leader, are considered as illegal possessors if they use (without permission) the cash money, shares, drafts, negotiable instruments, and other documents, securities and properties belonged to every above mentioned organizations. This law includes the employees of the state audit office, the institutions, which are, administrated by the government continuous help, and generally the members and employees of the triplet powers and armed forces. If they do such an action, they are convicted to compensate the damages. Moreover they are punished to forbear whip. In the case that they have gain benefits from using the above-mentioned cases, in addition to the above punishment, they are punished to pay the cash fine equal to the sum, which he has gained. The above punishment includes the cases that the government properties or money are spoiled or destroyed, because of the users’ carelessness, or the users spend them in cases that haven’t specified in the law.

Part C of the budget law of the year 2002 considers the organizations that aren’t included in the state audit law, as non-governmental institutions. Although the note of the state audit law’s article 5 approved in 1987 has determined the name of these non-governmental institutions which are suggested by the government and approved by the Islamic Council Assembly, the part C of the above mentioned law specified the distinguish standards of public non-governmental institutions.

C- All the organizations that this law has attributed credit to them, but their legal form isn’t adjusted on the definitions mentioned in articles 2,3,4,and 5 of the state audit law approved in 23.8.87, are considered as non-governmental institutions from the aspect of executing the mentioned law’s regulations.

D- It is permitted to spend at most %2 of the collection of the public governmental budget’s property possession credits, %1 of the collection of the governmental companies’ investment expenditures, %1.5 of the collection of the government’s expenditure and specific credits of the public budget, %0.5 of the collection of the governmental companies’ expenditures, the whole credit of the research part of the judicial investigation and training program, %5 of the credit related to the fourth part of this law, %35 of the collection of the expenditure and specific credits, %10 of the collection of the Payam Noor university’s public budget related to the possession of the investment property ( according to article 4 of the law of universities’ executing financial affairs and interactions approved in 1990. Every related organization can spend the credit based on the suggestion of the general management and planning organization and the ministry board’s approval disregarding the state audit law and other state public laws and rules and regarding the law of the way of spending the credits that are exempted from considering the state audit law and other government’s public laws approved in 1985.

The ministry of economy and finance affairs with the cooperation of the management and planning organization is obliged to present the report of the organizations’ performance about the expenditure cases to the accounts, budget, and program commission of the Islamic Council Assembly every year.

The universities and research centers, which are the subject of part B of the third economic, social, and cultural development program of Islamic Republic of Iran, are included in the content of the mentioned law about way of spending the credits of their own research program’s specific expenditures.

Spending the credits based on the law of the way of spending the credits for the cases, which are exempted, by law, from considering the state audit law and other government’s public laws, and also for the cases which have been forbidden by the state public and specific rules is prohibited and considered as illegal possession of the public and government properties.

2. The incomes of the fighting against narcotic substances’ commission must be given t the related organizations just for the decrease of the request of, prevention from and fighting against these substances.

Firstly, two parts of the budget law includes the judicial organizations’ share of the budget law of the year 2002 that has been approved in one article and 23 notes. This is one of the effects of the judiciary power’s dependence on the execution power.

Secondly, according to the article 28 of the fighting against narcotic substances’ corrective law, all the properties that have been obtained by smuggling are confined in favor of the government and aren’t included in the principle 53 of Constitution Law.

It is understood from the mentioned law that all the properties are confined. The organization of the collecting the possessive properties undertakes the duty of the collection of them. It is obvious that the commission decides about the spending of the incomes by the president’s approval. But, according to the budget law of the year 2002, the expenditures of these incomes is confined to the activities related to decreasing the request of, prevention from, and fighting against narcotic substances. These incomes must be given to the related organizations not to individuals!

3. Note 11- Public , judicial , and internal safety affairs

K- The commission of the fighting against narcotic substances is obliged to deposit all the incomes obtained by fighting against these substances to the treasury general in public incomes account. These incomes are given to the related organization for the activities related to the affairs of decreasing the request of, prevention from, and fighting against narcotic substances, based on the agreement letter with the management and planning organization. %20 of the mentioned credit must be attributed equally to the state welfare organization and physical training organization. This subject will be approved by the commission.

L- In order to provide the required credit for the necessary expenditures, the sum of 500 milliard Rials, and to provide the credit of possession of the investment properties, the sum of 300 milliard Rials from the credit of the organizations, which are dependant on the judiciary power, are added to the approved credits of the related organizations. It is based on the content of article 191 of the economic, social, and cultural development program of the Islamic Republic of Iran. These incomes are spent after exchanging an agreement letter with the management and planning organization.

The execution report of this part is presented to the commissions of accounts, budget, program, and legal and judicial of the Islamic Council Assembly by the management and planning organization once in four months.

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The law of regulating the government’s financial regulations

1.The conditional punishment of the employers who employ the foreign individuals that have no permission to work

2. Being obligatory the technical examination of the automobiles

3. Preventing from the movement of the vehicles, which don’t have the certificate of technical examination

4. The possibility to receive guaranteed compensation (according to the price of current exchange) from the universities students who have gotten scholarship, or their supporters who refuse to do their obligations and transferring this to all the regulated contracts

5. Being exempted of the ministry of science and researches, and the ministry of health, treatment, and medical training from judgment expenditures in the claims of demanding compensation from the mentioned students

6. The possibility of accepting Iranian students who are studying in foreign universities in Iran’s governmental universities provided that they pay the tuition fee

7.Being offence the grazing of the cattle on grassland without permission

8.The obligation of the state registry of deeds and real estate organization to issue the occupation permit for the real estate and automobile advisors

9. Giving the required documents to the organization of possessive properties’ collection and sale based on the suggestion of the needy organization and the board of ministers’ approval

10. Becoming exempted the wife who has decided not to receive her marriage portion from paying 1/20 of the mentioned property to the government

The above mentioned cases the attention to the texts that have been approved in the law of regulating of the government’s financial regulations by the Islamic Council Assembly dated in 5.3.02. We are going to review them in details.

Article 11- The text inserted in article 79 of the law of receiving some of the government’s incomes and spending them for determined cases, approved in 19.3.94 is registered under the title part A. The following texts are added to it under the title of parts B & C.

B- The ministry of labor and social affairs is obliged receive the incomes obtained from the issuance and extension of occupation permit of the foreigners in Iran based on the tariff approved by the council of ministers, and to deposit it in the account of public income.

The local employees and the service officials of the political representatives who work in foreign ambassadors are exempted from paying the mentioned cash in the condition that the mentioned country does the same in return.

C- In order to prevent from the presence of the foreign workers in the work market of the country, the ministry of labor and social affairs is obliged to punish the employers who employ the foreigners that don’t have the occupation permit. For every day of unauthorized occupation of the foreign workers, the employee must pay a fine equal to five times of least daily wage. In the case of repetition of the infraction, the fine will be doubled. The obtained income will be deposited in the treasury general.

If there is any objection, the mentioned employers can present their claim in the competent trials. In the case that the employers refuse to pay the determined fine, they will be prosecuted criminally according to the article 181 of labor act approved by the Expediency Discretion council of the Regime. The content of this part doesn’t include the employment of foreign workers inside their keeping camps.

Article 18- The parts 2 & 3 of article 32 of the law of receiving the government’s incomes and their consumption in determined cases approved in 19.3.94 is corrected and two parts is added to the mentioned article under the title of parts 3 & 4:

2.The punishment of driving infraction is determined from 10000 to 350000 Rials. The tables related to the driving infraction and its next changes will be determined by the interior ministry’s suggestion and

Council of ministers’ approval.

3.The money obtained from the driving fines, outside and inside of the cities, are deposited to the account of public income in treasury general. The equal amount of the deposited money is anticipated in the laws of the yearly budget just to be spent for the improvement of traffic.

4. The interior and roads and transportation ministries are obliged to provide the by-law of guidance and driving and transportation system. This by-law must be executed after being approved by the council of ministers.

5. The technical examination of the automobiles is obligatory regarding the content of this part and proportionate with the possibilities of the country.

The commissions of the automobiles’ technical examination, which are dependent on the municipalities or authorized technical centers, undertake the duty of the examination and issuance of its certificate. The conditions of executing this part, supervising over that, and determining the periods of examination and the relate expenditures proportionate with the possibilities of each area will be done by the suggestions of the interior and roads and transportation ministries and approved by the council of ministers. The disciplinary force of Islamic Republic of Iran is obliged to stop the traffic of the automobiles which don’t have the certificate of technical examination according to the mentioned approved article. For the issuance of every certificate, the sum of 2000 Rials is obtained and deposited to account of public income in treasury general.

Article 32- It is forbidden to spending any expenses by the organizations mentioned in article 30 of this law for the publication of calendars, advertisements related to congratulation, thanking and condolence notices, ceremonial cards and internal individual and collective parties from the current and constructive credits. Also it is interpreted as illegal possession of public and governmental properties.

Article 34- The following text is added to article 24 of the law of receiving the government’s incomes as a note, and specifies the consumption of the incomes in determined cases, approved in 19.3.94:

Note-The science, research, and technology ministry, and the health, treatment, and medical training ministry have permission to receive the cash from the university students (or their supporters) who want to buy their obligation and release their certificate. Also, those who have refused or refuses to do their duties. This money is for the compensation of the damages and is equal to the difference money between the current price of exchange paid to the student on the time of repayment and the time of the previous payment. The obtained money must be deposited to the account of public incomes in treasury general.

The amount of the debt and the conditions of paying the debt are determined according to the suggestions of both above mentioned ministries and the management and planning organization, and approved by the ministers’ council.

The content of this note includes the old cases paying attention to the recent part of article 2 of civil law approved in 8.5.1928. In the case of presenting claims in judicial centers, the above mentioned ministries are exempted from paying the judgment expenses in all the stages.

Article 35- The following text is added to article 25 of the law of receiving the government’s incomes and their consumption in determined cases approved in 19.3.94 under the title of part C:

C- The universities and high training institutions can accept foreign students or Iranian students who study in the universities of other countries. The percentage level of the student acceptance, the conditions and instructions of receiving tuition fee, the conditions of acceptance, the amount of tuition fee, and other conditions will be determined by the suggestion of the science, research, and technology ministry, and health, treatment, and medical training ministry, and approved by the council of ministers.

Also, Iranology institution, and academies can receive the expenditures of registration from the foreign students who pass short periods of training and researches in these places. According to the mentioned regulations, the incomes obtained by the execution of this part are deposited to the specific accounts of these institutions.

Article 47- Note 2- The grazing of the cattle in the grassland without permission is considered as offence. The offender is obliged to pay a fine equal to %20 of the average value of the cattle in a tear. After receiving the money, it must be deposited to the public account of treasury general.

Article 51-T- The state registry if deeds and real estate organization is obliged to examine the occupation request of land and automobile advisors and determine their situations. According to the regulations, the mentioned organization must issue occupation permit for them and in return receive some money and deposit it to the public account of the treasury general.

Article 69-note 6- In the case that governmental organizations need the lands and real estate which, according to legal duties, have been possessed by the organization of collection and sale of possessive property, the mentioned organizations can possess them by the suggestion of the minister or the highest execution position and the approval of the minister council, regarding the conditions of this article. The above mentioned organization is obliged to present the list of its immovable property to the council of ministers.

Note 7- Not executing this law by each one of the employers is interpreted as unauthorized possession of the governmental properties.

Note 8- In order to provide the fast causes of removing the conflicts related to the ministries’ building, institutions, and real estate, governmental institutions and companies, and the companies which are included in the law if their names are mentioned, martial and disciplinary forces, which have possessed a place based on the needs of war without obtaining legal permission, a commission composed of authorized agents of the ministers of ministry of economy and finance affairs, ministry of housing and urban development, agricultural ministry, the management and planning organization, and the representative of the related organization is established. The president’s legal and assembly affairs deputy is responsible for the commission. The execution of this judgment about the buildings, which have been possessed by the armed forces and institutions, is done regarding the permission of the respectable leader. The judgments issued by the above mentioned commission are in force for all the related execution organization.

In the case of not executing the mentioned judgment within the determined extension by the related execution organization, for any reason, the management and planning organization is obliged to deduct the equal value of the possessed property’s price from the yearly budget of the related organization disregarding the limitation of replacing in the current budget, and to add it to the budget of the related beneficiary organization.

Article 98- In the case that the wife refuses to continue the execution operation, for any reason, after issuing writ of execution about the receiving the marriage portion, she is exempted to pay the 1/20 of the property to the government. This judgment is in force for the finished old files, which their governmental share hasn’t been received.

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It is not legal to obtain a sum beyond the fine

which has been issued by the commission of article 100.

The municipalities demand some money for the issuing certificate of finishing the work, in addition to the fine approved by the commission of the article 100. This is not legal according to the exactness of the judgment of High Administrative Court’s Full Bench.

The Full Bench’s judgment No. 342/79, 413, 240/80, 353, and 385

Paying attention to the fact that regulating any rule about obtaining any cash such as municipalities’ charges and the fines related to the building offences is just attributed to the legislative power, and the legislator has clarified the situations of these affairs (such as determining the source of the mentioned charges, or the conditions of computing the fines and receiving them), therefore, the content of circular letter No. 80/79013831 dated in 17.10. 2000 (that undertakes the regulating the rule about receiving the building charges, accepting share, and change of the application in addition to the issuing the fines of building offences), is out of the legal authorities of Tehran municipality’s urban development and architecture deputy. Consequently, the mentioned circular letter is cancelled according to the second part of article 2 of High Administrative Court’s law.

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Justice in Islam

Sixth part

By: Abbas-Ali Alizadeh

Judge’s conditions

The grate jurists have considered some requirements for a person who wants to accept the position of judgment. In previous part, we talked about “justice”. But I believe that we must not lose the opportunity to mention them in details. Because these conditions have been accepted by the grate jurists. It is better to mention some of these conditions although some of the jurists haven’t accepted some of them. The late writer of “Javaher” states the conditions as follow:

1. Maturity: the small can’t undertake the responsibility of this important affair.

2. Complete wisdom: so the mad and a person, who is mad sometimes, can’t take the responsibility of the judgment.

3. Faith, according to numerous verses and traditions; so the lewd who doesn’t have any faith can’t the responsibility of the judgment. There are many traditions related to this subject.

4. Justice; that was explained about in previous session.

5. Legitimacy: so an illegitimate person can’t judge between people. The majority of jurists such as Imam Khomeyni have agreement about this condition.

6. Science: having knowledge and science is an important condition for a judge. There are many traditions about this subject.

7. Being male: so a female can’t judge even though she has all other conditions. Imam Khomeyni has the same idea too.

There is a tradition stated by the holy prophet of Islam, in which it is said that a woman must not take the responsibility of judgment. Of course there are some doubt about the documentation of this tradition. But the grate jurists have adjudicated that a woman can’t be a judge.

Now, a question is arisen here whether this judgment that a woman can’t be a judge is related to the nature of a woman (even though she is situated in high position of faith, science and justice) or it is related to individuals. Surly, we must accept the first alternate. Therefore, we can ask: “what do the jurists say about the situation in which Fatima (the Islam prophet’ daughter) peace be upon her, judges and settle a quarrel?”

The judge’s manner

The grate jurists have stated some affairs under the title “judge’s manner”, which are useful to be mentioned. The late writer of “Javaher” talks about 15 cases concerning the judge’s manner. For example the judge must sit in a position in which his back is situated toward Mecca and the parties are situated in front of him; Or he must issue the judgment in the mood in which he doesn’t think about the world’s affairs; Or in the trial he must be gentle and calm and so on that the readers can refer to the related books. Of course it is obvious that there isn’t valid reason about these cases. But, some of the grate jurists such as Mohaghegh Kani in the book “Ghaza” (judgment) have brought some reasoning about them.

Paying the judge’s salary from public treasury

Can the judge receive his salary from the public treasury? There are two cases; the first case states that the judge has some needs, which must be provided. So he must receive adequate salary from the public treasury. The second case is that we suppose the judge doesn’t have any need but he receives salary from the public treasury. About the first case, there isn’t any conflict. All believe that such a judge must receive money from the public treasury. But, in the case that he doesn’t have any need, can he receive money from the public treasury? Imam Khomeyni, the grate leader of Islamic revolution says: “In the case that he needs, he is permitted to receive money from the public treasury, although it is better for him not to receive salary from the public treasury if he doesn’t have any need.” The late writer of the book “Javaher” believes that it isn’t correct that a judge receives money from the public treasury if he doesn’t have any need. It is understood from some traditions specially from Imam Ali’s governmental orders that a judge is permitted to receive money from public treasury so that he wouldn’t be interested in people’s property. Regarding this matter, it is necessary that the government’s authorities pay attention to this subject.

Here, the discussion is related to the judge’s spiritual health and his not being in need on people not to the financial need. So the judge must try to achieve to the state of not being in need in his soul. Then he can think about financial subjects in order to continue his life commonly and according to the position he has in the society. So that he doesn’t think about any other thing when he wants to issue a judgment.

The judge is forbidden to receive bribery.

Receiving bribery by a judge is one of the subjects that all the jurists believe that it is forbidden. There are some traditions, which specify that receiving bribery is mortal sin, oppression, and infidelity. It is understood from the traditions that receiving bribery in any case is forbidden. There is a tradition from Imam Ali that says: “ Imam Ali went to Shorayh’s office (a judge who worked in the age of Imam Ali) and observed some property close to him. He asked Shorayh what it was. He answered that it was a present. Imam Ali asked him whether he was given a present in the case that he wasn’t a judge. If it is not so, therefore it is bribery.

It is important that if the parties give a property to the judge as a present, it will be bribery. We must not suppose that it is a present just because they have called it “present”. They have given this present to the judge to attract his attention. So that he ignores the reasons and issues a judgment in favor of the giver of the present. Even if the briber is right and the judge issues a correct judgment in favor of him, giving and receiving bribery is forbidden for both briber and bribe-taker.

There is another discussion here. How is bribery forbidden? Does it have obligatory or situational prohibition? If we believed it has obligatory prohibition, the judge becomes the possessor of the property. But if we accept the situational prohibition of bribery, the judge can’t possess the property and he must return it to its owner. Paying attention to all the traditions and reasons, receiving bribery is considered as oppression, infidelity and polytheism. Consequently, it is understood that bribery has situational prohibition and the judge must return the property. But paying attention to the fact that the bribery is given before issuing the judgment, as soon as the judge receives it, he loses the “justice” term. Therefore, his judgment isn’t effective and he has done a useless action.

May God protect us against the devils of our souls

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Justice in Islam

Sixth part

By: Abbas-Ali Alizadeh

Judge’s conditions

1. Maturity: the small can’t undertake the responsibility of this important affair.

2. Complete wisdom: so the mad and a person, who is mad sometimes, can’t take the responsibility of the judgment.

3. Faith, according to numerous verses and traditions; so the lewd who doesn’t have any faith can’t the responsibility of the judgment. There are many traditions related to this subject.

4. Justice; that was explained about in previous session.

5. Legitimacy: so an illegitimate person can’t judge between people. The majority of jurists such as Imam Khomeyni have agreement about this condition.

6. Science: having knowledge and science is an important condition for a judge. There are many traditions about this subject.

7. Being male: so a female can’t judge even though she has all other conditions. Imam Khomeyni has the same idea too.

The judge’s manner

Paying the judge’s salary from public treasury

The judge is forbidden to receive bribery.

May God protect us against the devils of our souls

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Both the briber and bribe-taker were convicted.

The details of Teymoortash and Amin-al-tojjar’s trials

“ Mr. Teymoortash was convicted to 5 years of imprisonment.”

“ Haj Amin-al-tojjar gave bribery to obtain the exclusive concession of opium.”

Note:

The trial process of Teymoortash, the powerful minister of the court, was one of the biggest judgements in the age of Reza Khan (king of Iran). He went on trial and convicted in justice administration for the offense of receiving bribery.

Ettelaat newspaper has followed the procedure of this important trial and has attributed some pages to it. The following text is a summary of this historical trial, which has been chosen from the above-mentioned newspaper of the year 1933.

The Petition:

The first session of the trial was held by the management of Mr. Lotfi and the membership of Mr. Aghili and Yeganegi, in 24.6.1933. The prosecutor of High Administrative Court, Mr. Sarvari who had presented a petition to the court against Mr. Teymoortash and Mr. Amin-al tojjar. The lawyers of the defendants are Mr. Moghbel, Seyyed Hashem Vakil, Doctor and Gorgani.

The petition of the prosecutor is as follow:

“The respectable manager of the high administrative court!

In 29.10.1930, Mr. Habib-allah Movafagh (called Amin-al-tojjar) succeeded to obtain the exclusive concession of exporting opium of the whole country of Iran for three years. Pay attention to the fact that Teymoortash has interfered in the case and helped him to obtain the mentioned concession, and in return Amin-al-tojjar has accepted to give him some money. Although it isn’t clear from the current investigation how much has been the determined money between both of them, it is certain that Amin-al-tojjar has paid 9000 Lire of England in Jun. & Jul. 1931, and 200000 Rials in May & Jun. 1932 to Teymoortash. Both of the have confessed about paying and receiving the mentioned money. But Teymoortash claims that he has received this money as a loan. Mr. Amin-al-tojjar says that the mentioned money isn’t bribery, nut also he has paid this money in order to do his duty related to the sale of foreign exchange.”

Then the reasons of both of them have been mentioned in the content of the petition. The prosecutor rejects their reasons and expresses his idea about the subject in details. Finally the petition finishes as follows:

“ Paying attention to the mentioned subjects, the prosecutor requests the court to determine their punishment according to the documents. It should be mentioned that all the offenses have happened in Tehran. Mr. Teymoortash had already been in the prison and Mr. Amin-al-tojjar has arrested in 24.5.1933.”

The prosecutor of the criminal court

15.Jun.1933

Introducing the accused

In the first session of the trial, the chief of the court asks the accused to introduce themselves. At first, Teymoortash introduces himself as follows.

Name: Abdol hossein, father’s name: Haj Karim Dadakhan,

Surname: Teymoortash, age: 50 occupation: none

Place of birth: Khorasan, place of residence: prison

Then Haj Amin introduces himself:

Age: 50, place of birth: Isfahan, occupation: trading

Then, the court’s chief addresses Teymoortash as follows:

“In the petition which has been read and listened to, the prosecutor has convicted you that you have received 9000 Lire of England and 200000 Rials from Haj Amin as bribery and in return you have helped him to obtain the exclusive concession of opium. The reasons of the prosecutor are as follow:

1.Haj Amin’s expressions in the inquiry

2.Your expressions in the inquiry

3.The records of the opium exclusivity’s company

4.The expressions of the company’s accounts office

5.The receipt of 6000 Lire and the cheques of 200000 Rials

6.The conflicts between your expressions and Haj Amin’s

7.Your negotiation about giving opium exclusivity to Haj Amin and your letter to the finance minister about this subject

8.Written expressions of Haj Amin

9.The contract between Haj Amin and the government concerning the concession of opium exclusivity

10. The interrogator’s examination results of Melli Bank concerning this subject that the cheque has been kept secretly for a time and hasn’t been registered

11. It is the situation of the accused as it was mentioned in the petition and you heard.

Therefore, do you know yourself as an offender or not?”

Teymoortash: No.

Then the court’s chief addresses Haj Amin:

“The prosecutor’s petition was read and you heard it. The prosecutor has convicted you that you have committed three offenses. Firstly, you have paid 9000 Lire of enplaned and 200000 Rials of Iran to Teymoortash in return of the help, which he has given you about the subject of opium exclusivity concession.

Secondly, treachery in the trade partners’ honesty.

Thirdly, you have defrauded your partners in such a way that you have sold one Lira (Pound) as 9 toomans and have told your partners that you have received 6 Toomans for one Lira. Therefore, you have gained some money as a result of recourse.”

Then the chief of the court announces the prosecutor’s reasons and Haj Amin if he confesses to his faults.

Haj Amin: No.

Teymoortash’s defenses

Then the court’s chief asks Teymoortash some questions as follow:

Question (Q): What are the sums of 9000 Lire and 200000 Rials, which you have received?

Answer (A): I have received this money as a loan.

Q: Had you already agreed that this money is as a loan?

A: Yes.

Q: Then why are your expressions against his?

A: You must ask him not me.

Q: How is a merchant give more than 100000 Toomans to a person without transferring any document or disregarding his interests?

A: This contract has had some interest for him and it wasn’t against his interest.

Q: So, why don’t you have given a document?

A: The existing drafts, themselves are documents. We are friends. There is such a relationship between us that there isn’t any need to transfer a document. What is the advantage of a document? It is going to show that I am a debtor. I have signed the draft and this draft is the best document for Haj Amin. Therefore, the prosecutor’s expression, which says no notes have been transferred, isn’t correct.

Q: In your draft, no name has been mentioned.

A: In Paris, I couldn’t receive the money unless I signed the draft. I think that there is a mistake here. I gave promissory note to the bank.

Q: Did he gain any benefits?

A: No. It is obvious that he has given me such help as a result of our friendship.

Q: Why did he give you more than 100000 toomans disregarding any interest?

A: Because, we were friends on one hand and on the other hand, I had demanded to get some money.

Q: What did you say to Haj Amin?

A: I told him that I need some money in order to provide my relatives who live in abroad with their needs. So, he gave me a foreign draft. He delayed the remainder of the money to some time later and then he gave me a bank draft that I gave a promissory note and received the money.

Q: Why didn’t you talk about the interests of this money even for one time?

A: There wasn’t any need.

Q: Have you observed the newspaper’s records?

A: No.

Q: It is understood from your expressions that Haj Amin has defrauded his partners and has given you the money as a loan.

A: I don’t want to talk about this subject. You must interpret it according to the judicial scales. Only pay attention that you must settle the case reasonably.

Haj Amin’s defenses

Then the court’s chief starts to questioned Haj Amin.

Q: Why did you pay the money?

A: For the reason that I have told you from beginning of the inquiries.

Q: The sale of foreign exchange?

A: Yes.

Q: How did you, who are aware of the rules, pay money to him whom doesn’t have any position?

A: I had undertaken an obligation. So, I had to pay the money. That you said he didn’t have any position isn’t correct. On the contrary he had a high position. He decreased 150000 Lire to 50000.

Q: Teymoortash hasn’t had competence to the extent of receiving this money. You must pay the money to the finance ministry.

A: If you pay attention to the characteristics, you confirm that I don’t have any faults.

Q: you must not pay the government money to a person even if he is very influential.

A: Mr. Teymoortash has gotten the money from me under the name of the government.

Q: Why did you hide the matter if you pay the money under the name of the government?

A: I have paid much money to the government in secret. I don’t have any fault if Teymoortash has got the money and hasn’t deposited it to the account of the government.

The chief addressed Teymoortash and said: It is understood from Haj Amin’s statements that have committed a fraud.

Teymoortash: I don’t know what to say.

Then the court’s chief asked Haj Amin about the corrections made in the records. He answered that the secretary has made the mistakes. The chief told Haj Amin: you have said in the inquiry that Teymoortash has said he needs money. You knew that he wants the money for his personal use. Haj Amin said: “I don’t suppose to say such words.”

The prosecutor’s statements

After the defendants of the accused, the prosecutor starts to talk. He says:

“The claim has two parts: bribery and fraud. Mr. Teymoortash wants to make understood that he has received the money as a loan. Whereas, Mr. Haj Amin has proved its opposite. Teymoortash has said that he has taken this money as a loan. But Haj Amin hasn’t mentioned that he has given the money to Teymoortash as a loan. This is an adequate reason that Teymoortash is an offender. About the statement of Haj Amin, I must say that he himself has ordered to correct the records and the secretary haven’t changed the records himself.

Then the court’s chief let Teymoortash defend himself. But he said that his attorney will defend him at first and he will talk later.

While presenting the definition of bribery Mr. Moghbel, the attorney of Teymoortash reminded that the mere paying of some money from one person to another one, even the receiver of the money would be the government’s employee, isn’t considered as bribery. Regarding this fact that the Court isn’t included in governmental administrations, so Mr. Teymoortash isn’t considered as government’s employee. Even if we suppose that it is so, his action hasn’t been anything other than taking a loan, and it isn’t adjusted on the definition of bribery. Also in the prosecutor’s petition, there isn’t any reason to show that bribery has happened. It has been said that Haj Amin has succeeded because Teymoortash has helped him to get the concession of exporting opium for three years. Of course Teymoortash interfered in the whole affairs of the country at that time, but the prosecutor must prove by document how he has interfered in the affairs and helped Haj Amin that he has succeeded. The mere letter sent to the finance minister can’t be considered as a reason for an offense. The letter is as follows:

“Dear friend

The result of the negotiation with Haj Amin about the subject of opium is attached. At first, I wanted him to undertake exporting of 8000 boxes of opium but he said that it is impossible t export more than 6000 boxes. Now we have agreed on 6500 boxes. I think that this contract is useful and it is better to make it. The rest is dependent on your opinion.”

Then Teymoortash’s attorney concluded that by this letter, it becomes clear that both Teymoortash and the finance minister knew about this subject. All the ministers consulted with the court minister and therefore Teymoortash has been interfering in most of the affairs on the request of the ministers. In this case also the finance minister has requested Teymoortash to talk to Haj Amin and remove the differences which there are between him and the finance minister. Then the attorney referred to the latter Haj Amin sent to the finance minister and said: “since the finance minister hasn’t settled the conflict with Haj Amin, he wanted Mr. Teymoortash to apply his influence on Haj Amin.” Then, the attorney talked about the situation of exporting opium and its tax and concluded that this contract has had some interest for the government. Mr. Haj Amin wanted always to cancel the contract and finally it was cancelled. So there wasn’t any reason for Haj Amin to give bribery. Then the attorney referred to the conflicts, which there are in the petition and talked about the money. He presented some documents based on the fact that the money, which Teymoortash has received, has been a loan. He wanted to prove that the interaction between Haj Amin and Teymoortash has been just on the basis of friendship and unity and it isn’t basically related to taking or giving bribery.

Attorney’s defenses

After hearing the expressions of Teymoortash’s attorney, the court’s chief asked Haj Amin some questions about Teymoortash’s statement which he had said that he needs some money and Haj Amin has given him 8000 Toomans. Haj Amin said that he doesn’t remember this case.

Then Haj Amin’s attorney started talking. He said that in the case that there is an interaction between people and the government, people don’t have any doubt about the inter action, and they trust on the government official unless its opposition is proved. He reminded: “Haj Amin has made a contract with a person that has been the court minister at that time. …. If we suppose that Teymoortash hasn’t been trustworthy, how Haj Amin can recognize this? It must be said that Teymoortash hasn’t had bad reputation.” Then he referred to the exactness of the subject and said: “ The exactness of the subject is that Haj Amin has given some money to Teymoortash to attract his help in order to obtain the concession of the exporting opium. It must be examined if Haj Amin desired to make such a contract and basically if this contract has had some interest for him or not. According to the file’s documents, Haj Amin didn’t desire to make this contract.” Then he talked about the influence of the court minister and said that for this reason the finance minister has referred to Teymoortash to apply his influence on Haj Amin and force him to make the contract.

The letter of Taghizadeh

In the next session Seyyed Hashem Vakil continued his defenses and said that there is a letter from finance minister that I want to read it hear.

“From finance minister, No. 930

Mr. Minister of justice!

I read the report of the penal court attached with your letter you had sent me in 31.5.1933. Since you requested me to write my information about the subject of the report, I explain what I know as follows: “ Haj Amin has expressed that he has undertaken to sell 150000 Lira, each Lira equal to 6 Toomans. I don’t remember anything except about two following cases.

At the beginning of making the contract of exporting opium’s exclusivity, whose details have been finished, the contract was referred to the finance ministry so that I sign it. Several days after signing the contract, while negotiation, Mr. Haj Amin expressed that he has been obliged to sell 150000 Lira, each Lira equal to 6 Toomans, in addition to the obligation he has undertaken to do in the contract. He added that the court minister would certainly told me about this subject. At that time I couldn’t find any doubt about the order of the work. But later, the court minister didn’t talk to me about this case. The price of Lira hadn’t changed and was fixed on 6 Toomans. So I thought that the purpose of getting obligation from Haj Amin has been that if the price of Lira increased, he sells Lira as the price of 6 Toomans. Therefore, I didn’t talk to Mr. Teymoortash about this subject until the time of his trip to Europe. After he went to Europe, the price of Lira decreased. So, when he came back from Europe, I talked to him about Haj Amin’s statement. Teymoortash said that it is true, but I have given its document to Haj Amin, because he has had some difficulty related to exporting the opium. Haj Amin always had conflicts with the finance ministry. He always complained about the difficulties he had about exporting opium. So I told him that the court minister has given you the document of selling 150000 Lira and he confirmed. In so far as I remember, it was for the second time that I talked to him about this subject. Later it became apparent that he himself has said about this subject to the exclusivity administration. Since this contract hasn’t been made between Haj Amin and the government, and he couldn’t do the contract’s rules, it has been very difficult for him to do such a difficult obligation. I haven’t talked to Haj Amin about this subject any more, and if he has said its opposite, it may result from mistake or forgetting. He may talk to others about this case. About the note, which has been found in the documents of the opium exclusivity administration, I don’t remember anything. But I think that the subject is related to the foreign exchange before issuing the law of trade exclusivity in which the exporters must sell %90 of the foreign exchanges obtained from exporting to the government. In return they had authority to import goods equal to %50 of the foreign exchange and were forced to sell just %40 of them.”

The relationship of Taghizadeh and Teymoortash

Then Seyyed Hashem Vakil said: “ Several subjects are explicitly and implicitly understood from the above mentioned letter. Firstly, Haj Amin didn’t desire to make this contract and the contract has been opposed to him. Secondly, at that time the price of Lira was 6 Tommans, and this wasn’t important for the finance minister. Haj Amin has talked to the finance minister about this subject. It shows that the subject hasn’t been secret and it has been an ordinary affair. Therefore, it is clear that the subject isn’t related to bribery.”

Then Seyyed Hashem Vakil referred to the letter of Taghizadeh and said:

“ I know Taghizadeh as an honorable man. I have given my vote to him all the time. He doesn’t have any fear from Teymoortash. He didn’t have any fear even from Naser-al-molk who was the powerful regent of his time.”

Then Seyyed Hashem Vakil talked about bribery and concluded that the subject of bribery isn’t correct in this case. He adds that the position of Teymoortash was so important that everybody considered his desires. Even the finance minister consults with him even though he hasn’t had a good relationship with him. Therefore, Haj Amin doesn’t have to rely on Teymoortash. Even if we suppose that he has undertaken to give 150000 Lira to him and knows that he wants the money for his personal use, it is not correct to punish him. He has been forced to accept another obligation in order to cancel the obligation of 150000 Lira. That’s why the finance minister has said to him that he must settle the case with Teymoortash himself. In this case, Haj Amin might suppose that the affair is related to the government. Even though he knew that the affair is related to Teymoortash, it is not surprising that Haj Amin pay the money to remove his problems and this money can’t be considered as bribery. So he can’t be punished.

After Seyyed Hashem Vakil, Doctor, another Haj Amin’s attorney started to defend him. He said: “ It isn’t correct to suppose that an offense has happened and then search for the reasons. The investigation isn’t complete, and the quarrel is very important. One of the accused is one of the first persons of the court and the other one is one of the first grade merchants of the country. Therefore, the case is beyond the mere personalities of these persons, because one of them is the agent of nobles and the other one is the agent of the traders. Then the attorney referred to the legal comment of the bribery and the letter which communicated between Teymoortash and Taghizadeh and said: “ The claim need reasons. There are two apparently opposite points in this claim. The first case is the statement of Haj Amin who says that he has paid the money formally to the government. Another case is the statement of Teymoortash who says that he has received this money as a loan. But these two cases aren’t adjusted on each other, and their opposition can’t be solved. But I think that we can say that both claims are correct if we are optimism. I mean that Haj Amin has paid the money to remove his obligation and Teymoortash has taken it as a loan.” Then, Mr. Gorgani the third attorney of the Haj Amin defend him and said: “ My colleagues has clarified the subject. None of the prosecutor’s reasons proves that the subject is related to bribery. On the contrary, there are some reasons which shows the subject isn’t to bribery. The first one is that bribery can’t be given and taken in this form. Both of them are so men that they can’t make bribery contract in this bad form. The second reason is that the position of Teymoortash was so high that we can’t suppose anybody dares to give him bribery suggestion.”

The prosecutor’s answer

Then Mr. Sarvari expressed the following statements on reply to the expressions of the attorneys of Teymoortash and Haj Amin: “ Mr. Moghbel has doubt about the employment title of Teymoortash. Whereas the job of Teymoortash has always been included in governmental occupations, and his salary has been regarded in the public budget of the country. Even in the Constitution Law, some duties have been anticipated for the person who is appointed for this position. Moreover, in the old trial, he has been known as a government’s employee, and this subject has been specified by a final judgment.

About the private letter of Teymoortash and the finance minister that Mr. Moghbel knows it as a consultation, I believe that it indicates Teymoortash’s interference of in the contract. It was said that Haj Amin hasn’t gained any benefits. It isn’t correct. Because he had the concession of buying and exporting opium. So he bought opium from people by any price he desired and people were forced to sell their opium to him on the price which he determined. Therefore, if such an accident didn’t happen, he didn’t accept to cancel the contract. Even if we suppose that the contract didn’t have any benefit for Haj Amin, it doesn’t have any effect on the offense. Also Mr. Moghbel has repeated several times that the prosecutor has attributed to Teymoortash the offense of fraud. I haven’t used this title so far. I have told that Teymoortash has taken bribery. The subject of fraud is related to Haj Amin.”

Then the prosecutor paid attention to the defenses of Seyyed Hashem Vakil and said: “ This reasoning of the attorney isn’t correct that in this age the government’s employees become powerful and people have trust on them. The authority of government’s employees doesn’t require that people accept whatever they say. In this case also there are some reasons that Haj Amin hasn’t trusted on Teymoortash’s expressions. It isn’t correct that Haj Amin has accepted the contract for the reason of Teymoortash’s judgement. Because firstly, there isn’t any benefits in the exclusivity of exporting opium for Teymoortash to order Haj Amin what to do. Secondly, we suppose that Haj Amin wasn’t content with the contract. In this case he must refer to the related authorities and complain. Nowadays, in the case of any oppression, the smallest individual of the country is able to refer to high authorities and demands justice. How Haj Amin who has many important jobs such as the manager of the trade room, being a member of the parliament, can’t talk to the high authorities.”

In the next session, Mr. Sarvari, the prosecutor, continued his statements and said: the attorneys’ defenses didn’t have any effect other than they confirmed my first idea. Therefore, I know Mr. Teymoortash and Haj Amin as offenders and they deserve to be punished.”

The court’s chief: “Mr. Teymoortash and Mr. Haj Amin!

The prosecutor believes that you are offender. If you have any defense, express it!”

Teymoortash’s defense

“At first I wanted not to defend personally. As I said yesterday, my attorney defends me. Because I am not acquainted with the language used in the trails and I may say something that is used against me by the prosecutor. Moreover, for the existing problems, I am so tired that physically and mentally that I think it is better to leave things to fate. I rely on your conscience. I hope that in every case the king will help me and save my family. Therefore, I had decided not to defend personally. But, when I heard the expressions of Haj Amin’s attorneys, I changed my mind, and decided to express some words. It was said that I have got some money or committed a fraud under the name of the government. It made me extremely unhappy. If I convicted to taking bribery, there is some hope that the king forgives me. But if I convicted to swindling under the name of the government, all the doors of hope will be closed. I explicitly announce that I haven’t received any money under the name of the government. There are some things in the heart of people that they believe on them. I have always believed on the fact that I must not do treachery on the State. I had a high position in the government. Therefore I always behaved myself not to do something so that I become responsible in front of the government. I was aware of the king’s hard effort for removing the bad moralities from the society. Therefore it was impossible that I do such a thing. In all my age, I haven’t done any offense, which is related to the State. It was against the State’s high purpose to take money as a loan. So I insistently express that I haven’t taken the money under the name of the government. Nowadays, everybody knows that the incomes and the expenditures of the country have been centralized in and determined by the finance ministry. Even the secret expenditures of the government are determined by the finance ministry. Therefore the claim of these gentlemen isn’t correct.

There are two other points that it is required to explain about them. It was said that I have been such a powerful person that nobody dared to oppose me. If I had authority, it was under the authority of the king. Nowadays, all the affairs are done orderly and nobody can interfere in them. Another point, which made me very unhappy, was that it was said I have needed money for going to Europe. I announce that it is false. My journey had two aspects. Firstly, I had a mission for going to Europe, and the king himself paid the expenses of my trip. The sum of 9000 Lira may be important for some people, but it is unreasonable and funny to say that the government needs to this amount. At that time, 9 individuals of my relatives were studying in Europe. Also, there were two patients of my relative that I would settle their affairs when I was going toEurope. Therefore I told Haj Amin that I want to take a loan for the reason of my relatives’ expenses. I was debtor and talked about my debts to my intimate friends that I don’t want to mention their names here because of the problem, which is going on now. In my old trail, I talked about my debts. I told that if I am not pitiable, my children are pitiable. Of course, these are moral documents and I don’t know if they are effective or not. The amount of my debt to Pahlavi and Melli Banks (which was the subject of my old trail) wasn’t very much. But I told that the amount of the debt was equal to 100000 Toomans. Indeed by saying this, I meant the money I had taken from Haj Amin as a loan. Anyway, by these statements, I wanted to mention two points. Firstly, I reject to commit fraud under the name of the State. Secondly, I had mentioned to Haj Amin that I want to take the money as my personal debt.

The prosecutor has presented two offenses; swindling and taking bribery. The prosecutor himself rejected the first one. I also strongly reject the accusation of swindling under the name of the government. Therefore, the prosecutor tries to provide some proof for the second accusation. Many opposite reasons were presented here. Everybody tries to convict the other one. Mr. Haj Amin and I were friends. I am sure that Haj Amin confirms himself in his heart that I haven’t taken this money except as a loan. You gentlemen must judge about this subject if he has intended to defraud their partners or not under the matter of giving me a loan. I am sure that if more investigation was done and the finance ministry’s files were examined, the reasons became clearer. If a person reads the file, he understands that the interrogator has decided to reach a specific point and then he has provided some reasons for reaching to that point, and there haven’t existed primary documents by which a person can conclude a specific point.”

Then Teymoortash talked about the contract between him and Haj Amin in details and about the letter of finance minister he said:

“ It was said that the finance minister and I didn’t have a good relationship. I say that we were colleagues and our personal relationship didn’t have any effects on our work. So, is there was any mistake, he could mention it to me or said about it to the king. Also, taking an obligation from Haj Amin didn’t have any interest for me, because at that time the price of foreign exchange was equal to 6 Toomans. Therefore, it isn’t reasonable that I take something as bribery that it doesn’t have any interest for me. In the previous session, the prosecutor said that Teymoortash has been aware of the increasing and decreasing price of Lira in Melli Bank. I think it was better that the prosecutor didn’t refer to the old file in my previous trial. That trail has finished. It is not necessary to refer to that, because I will be forced to express the things which their mention isn’t suitable here. I repeat that it is impossible to think that a person can increase or decrease the price of the exchange. The price of the exchange changes because of the law of supply and demand, the requirements, import and export of the country, and the price gold and silver in the world. Therefore I wasn’t the factor of changing the price of exchange in Iran.”

Then Teymoortash explained about the conditions of evaluation of gold and silver and added:

“Suppose that I have interfered in this contract. Suppose that the finance minister has obeyed me. Suppose that I wanted to take bribery. Is the bribery taken in this way? Is it reasonable that I buy Lira with the price of 6 Toomans at the time that the price of the foreign exchange is 6 Toomans. You said that I have been very powerful. So I could make the same contract with the banks so that it isn’t called as taking bribery. If I took bribery for interfering in the contract, I could ask Haj Amin to bring the money so that the finance minister signed the contract. I could do this secretly, and didn’t leave any documents for this day.”

Then Teymoortash discussed about the prosecutor’s claim and about the contract he said:

“ Once I had authority to interfere in all affairs, because I was the connector between the State and the king who is the gravitation center of the country. Therefore, my interference has been because of duty not my personality. That’s why all the ministers referred to me to know about the king’s intentions and I announced the king’s desires to them. Consequently, people referred to me too. There hasn’t been any minister that doesn’t consult with me, and doesn’t request me to report the affairs to the king. This is the quality of my interference in the affairs. Although I am sure that my old conviction will destroy me, I think that every day I am taken to a court because of interference. The prosecutor claims that my letter to the finance minister indicates my interference in the contract. Please pay attention to the mentioned letter. At the beginning of the letter I have written, “the result of my negotiation with Haj Amin is…” and at the end of the letter I have written, “the rest is dependent on your opinion.” I have negotiated with Haj Amin on the request of finance minister. If the interrogator pays attention to the negotiation, he becomes certain that the finance minister has requested me to make Haj Amin export the opium. The mentioned minister had come to this position recently. Therefore, it was common that he requests me to help him and I helped him from the aspect of morality. I wonder how it indicates that I have taken bribery. Moreover, this contract has some attachments. By the attachments, it became clearer how I had interfered in the contract.

Later Teymoortash explained completely about the opium contract and referred to his conviction and said:

“ If I wanted to take benefits, there wasn’t any obstacle in front of me to take more benefits. Of course talking about my personal situation isn’t related to this court. But if you investigated about my property more, you confirmed that I didn’t want to misuse. I didn’t need to take bribery. The person who wants to take bribery doesn’t leave any document. This is one of the reasons I present to the court that I haven’t taken bribery. In examining the offences, both the apparent form and the psychology of the offender must be considered. The actions of a person are resulted from his environment. For example, you who are aquatinted to judicial scales can regulate a contract regarding all the judicial rules. But we, who are not aware of the judicial rules, may not regulate a contract completely correct. Anyway, we suppose that there isn’t enough document to prove that I have taken the money as a loan, it can’t be considered as a document for taking bribery too. Who takes bribery and leaves three documents about taking it? Then the bank sends bill for these documents and then the bank gives the same documents to me to take to Europe with myself. It indicates that I haven’t intended to take bribery. Relating to the cheques of 20000 Toomans payable to the bearer, it was obvious that I myself didn’t go to the bank to receive the cash. Bribery is given and taken secretly. If I intend to take bribery, getting cheques payable to bearer is nonsense. Moreover, there wasn’t any prohibition for me to deny receiving the cheques, whereas I could deny it when I came to the penal court. But, not only I didn’t deny it but also I confessed to receive it. Of course, it has been mentioned in the file that Haj Amin himself hasn’t denied the loan. He had issued the cheques for the reason that I was indebted to him.”

Then Teymoortash explained about the conditions of receiving the cheques, and said:

“Finally it didn’t become clear what is the prosecutors’ reason about my taking bribery. What is the relationship between the mentioned contract and taking the bribery. What I had done for Haj Amin and what benefit he had taken from me that he gave me bribery.”

The last defense

Then, Haj Amin defend himself and said that Teymoortash had such a position that he can’t give anybody the suggestion of bribery. Therefore, the subject of bribery is nonsense. Moreover, if I had given him bribery, he must have helped me. He not only didn’t help me but also opposed me some affairs. Then his attorneys defend him for the second time. Finally Teymoortash defend himself for the last time. After an introduction he said:

“ At the last defense, my statement is related to the clear conscience of the judges. Of course the gentlemen haven’t forgotten that I have been in the prison for three years. ….” Then he talked about the court’s judgment and said:

“ If I am convicted for the second time, it will bring out two bad results. Firstly, my family will be destroyed. I have many affairs, which my children can’t do them. They are small now. But they will serve the country in future and compensate my badness. Secondly, I wish there were different prisons for different individuals. The prison may be a comfortable place for some people. But there are some ones that a month of imprisonment is equal to one year of imprisonment. I wanted to mention these two points to the respectable judges and leave the others to their clean conscience.”

Teymoortash’s conviction

Finally the trail finished after 2 days, and the judges issued their judgment after consulting with each other. According to the issued judgment, the court knew Teymoortash as an offender, and convicted him to 5 years of solitary confinement, and to pay 9000 Lira of England and 200000 Rials (which has been taken by him as bribery) to governmental treasury.

Haj Amin, the briber, was convicted to 6 months of corrective imprisonment.

____________________________________________________________________

Mr. Azadbakht, the justice administration of Karaj city:

The majority’s opinion:

The HAC issues its judgment about three subjects:

1.The cancellation or confirmation of the regulations, by-laws, instructions and adjusting them with the law.

2. Adjusting or indicating the opposition of the above mentioned regulations and rules with the religion.

3. When there is any conflict between the judgment of the Court and their reasoning from the regulations and rules, the precedent award of the HAC doesn’t oblige the judicial centers to do something and it isn’t necessary for them to obey the Court’s judgment. Because the courts’ judges can comment the approved regulations according to principle 73 of the Constitution Law.

The minority’s opinion:

The HAC issues its judgment about four subjects:

1. When there is a conflict between the nature of the judgment of the Court’s branches.

2. When there is a conflict between the form of the judgment of the Court’s branches.

3. When there is a conflict between the inferences and presumptions of the Court’s branches from the regulations, by-laws, circular letters, and governmental instruction, and adjusting them with the religion.

4. Adjusting the regulations mentioned in part 3 with the law.

Relating to the parts 1 and 2, the court’s judgments are in force just for the related sources. Therefore it isn’t necessary for other trials to obey the Court's’ judgments related to parts one and two. But about parts 3 and 4, it is necessary to obey the judgments of the Court because the court has competence to adjust the rules with the law and religion. So, all the sources, which are related to the approved subjects of parts one and two, must obey the regulations. If they don’t obey the approved regulations of the Court, it will actually cause administrative disorder.

Mr. Zareei, Mirdamad judicial complex:

Some believe that the judgment of the HSC’s Full Bench is valid based on the Constitution Law and ordinary law. But there isn’t the same idea about the judgments of the HAC’s Full Bench. Therefore, these regulations must not generally be obeyed by unrelated sources. Others believe that the judgments of the Court are divided to two groups: the first group is related to the resolution of the conflicts, which there are between the Court’s branches. It seems that these regulations are not in force. But the issues, which cancel the regulations that are against the law, are in force. It must be said that the judge undertakes the validity recognition of the executing by-laws and he is permitted not to obey the Court’s judgment. Therefore, these judgments are not in force for judicial sources.

The majority’s opinion:

In the case that the HAC cancels a regulation, the judge is obliged to obey it. Therefore, the majority believes that the judgments are separable. Some of them are in force and some are not.

Mr. Deldar, the justice administration of Firoozkooh city:

The majority believes that the judgments of the HAC are in force for related sources according to the article 20 of the Court’s law. Of course it seems improbable that similar cases appears in judicial centers. If there are similar cases, the regulation must be obeyed.

Mr. Rahmani, the justice administration of Robatkarim:

The first opinion:

Since the HAC’s judgments are issued for the cases of non-removing, so they must be obeyed in similar cases.

The second opinion:

When the HAC cancels a by-law, or a circular letter, … , there isn’t any subject anymore that the sources apply them. The HAC is an administrative source and its judgment isn’t applied for the judicial centers.

The majority’s opinion of the commission’s members:

The phrase “other related sources” mentioned in article 20 of the HAC’s law is related to administrative sources, which are related to the subject of the judgment. Therefore, they can’t be applied for the judicial sources. So the judgment of the Court isn’t in force for the judicial trials. Because, according to the principle 161 of the Constitution Law and article 270 of the public and revolution courts’ procedure law in criminal affairs, only the HSC can issue the precedent award, which is considered as law. This judgment is in force for the Court’s branches and judicial trials. Moreover, the judges are obliged to refuse the execution of the issues, which are against the religion according to the principle 170 of the Constitution Law.

The minority’s opinion of the commission’s members:

About the judgments of the HAC’s Full Bench for the judicial centers, we must separate the issues. Some of the issues must be obeyed because the phrase “ other related sources” in article 20 of the HAC’s law includes the judicial trials. For example, the judgments, which cancel the regulations that are against the law and religion, are in force for the trials of justice administration. The award No. 55879/9/23 of the 6^th branch of HAC confirms this idea.