Editor in Chief’s Note

Some of internal problems

Mr. Mohammad Reza Zandi, the editor in chief, in this part speaks about some of the problems of Ministry of Justice, he says with attention to the speech of Chief of the Ministry of Justice, regarding the probelms of the said ministry, he divides the problems into two sections:

a)       Those which are originated from out of the Judicial System, and
b)       Those, which belong to the internal part of the Judicial System.

One of the important problems is judicial bills drawing up, and the Criminal Procedure Code which its experimental period is about to finish, and it was much better if we have submitted the bill of extension of the said code, earlier.

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A selection of latest legal approvals

- The Ministries of Interior and Housing are charged with determining city limits.
- In case of conflict between Parliament chief and High Administrative Courts regarding by- laws, the High Administrative Court’s opinion will be ruling.
- Prohibition of tax, register and courthouse final debtors ‘exit is enforceable for those people who wish to leave the country voluntarily.
- Accession of note 3 to the Article 3 of Protecting mother infant and Promotion of breast milk Code.
- Toll exemption for the Water and Sewage Company,  in executing of its employees welfare.
- Membership of the Vice Presidents in the commissions, which are organized to regulate law enforcement By-laws, is against the law. 
-  One of the problems of legal society of our country is recognizing the applicability of “prescription”.

In the articles 173 and 174 of Criminal Procedure Code, while considering their ambiguous points, it propounded some important questions such as if we can consider the prescription in deterrent crimes punishments like preventing crimes?

Lately, a precedent has been issued, which says the unreligious deterrent punishments are subject to prescription.

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One Vote, one Experience

From the legal point of view it is not permitted to request for exercising clause B of Article 235, Penal Procedure Code, in regard to the issued vote from previous Criminal Court No. 1.

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Justice in Islam

Part 8 -Mr. Abasali Alizadeh

The Chief of Ministry of Jusitce, Mr. Alizadeh, speaks about the claimant and the defedant in this part.

Regarding the right definition of claimant and defendant Mr. Alizadeh, refers to the revolution great leader Imam Khomeini’s book, Tahrir ol vasile, page 369, which there are some conditions for the claimant to accept his/her action in the court:

a)       The claimant must have been reached to the age of maturity.
b)       The claimant must be sensible and sane.
c)       The claimant should not be imprudence.
d)       The claimant should act in the case, which is related to him.
e)       The claimant have a benefit in case of the judge issue the order.
f)        The claimant’s claim should be almost clear.
g)       The claimant should have a defendant (other party).
h)       The claimant must be serious in his action.
For the further information you can refer to the Tahrir ol Vasile, Second volume.

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 Orders of Judges’ Disciplinary Court

- In case of issuing uncompromising certificate according to the spouses’ mutual consent, if the husband declares his renunciation by non-presenting in divorce and marriage office; it will not consider as Res Judicata to impediment wife’s next divorce action with the object of insolvency and distress.

- Since it is the judge duty to do attainment the bail’s financial standing, any objection to disprove the bail, is not consider as disciplinary violation.

- Execution of article 696 of Islamic Criminal Code, regarding to losing party, at the date of making award and before providing the causes, is a breach of law.

- If the defendant judge within one month after receiving the bill of indictment, didn’t respond, this does not presume as his request of rehearing.

- Determining only one punishment for the accused person, whose action is according to the Islamic criminal Code, and for that misdemeanor has been regulated more than one punishment, is consider as a breach of law.

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Ershad Judicial Complex

Ershad complex, which consists of eleven active divisions and nineteen judges; has been established five years ago in order to hearing offences against public decency and morals.

In this report the Ershad Complex Judges declare their opinions regarding to the different issues.

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Visit of Chief of the Judiciary with Heads of Tehran Justice Administrations

In this session, after report of operation of Justice Administration of Tehran Province by Mr. Alizadeh, His Excellency Mr. Shahroodi, delivered a detailed speech regarding the position and liability of judges, which you can find the topics as follows:

a)       Dependence of the Judicial System concerning the budget
b)       Re establishment of the procurator’s offices and dispute settlement councils
c)       Description of location status of the prisons and announcement of non-existence of house of correction
d)       Security integration and justice executing has been declared as two major goals in his evaluation of Judicial System
e)       Necessity of specying the criminal policies and indication about Islamic Justice to the affect that what are the general view points about punishments in the Islamic Justice
f)        Judicial Bill Drawing System, It is necessary to establish an organziation for studying the bills before submitting them to the parliament in order to specify in case of being approved by the parliament, could be carried out and executed by Judicial System or not
g)       Management and Judicial system
For having a powerful management in Judiciary Organization, full power supervision is needed
h)       Moderning Facilities Equipment
Any judicial system should have the benefit of modern equipment to apply security as it is expected
i)         Judicial Personnel
It is more logical that everybody who wishes to become a judge should have 5 years practice as a lawyer
j)         Planning
Planning for prevention of the crimes which are undertaken by the judiciary shall not merely trying to increase the divisions, the complex, or the judicial personnel, these are good but not enough, we need planning  and operational works regarding security making and prevention of crime commitement, Justice adminstration shall take action and command in the society as per the Constitutional Law.

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Around Table

The following questions have been discussed in this around table, the Commission’s majority and minority opinions are below mentioned.

Question Number 239

According to clause H of Note 17 of 1380 Budget Code: Is the student ‘s guarantor responsible only for the amount which is mortgaged to Ministries of Science, Health, Know how and Physician Education or all of student’s dues?

The majority opinion of commission members (27 June 2002):

According to the Articles 4, 10, 183, and 190 of Civil Code and Precedents No. 627 dated 31/06/1377, and 264 No. 28/06/1378; the guarantor responsibility will be determined according to agreement terms which has been signed between guarantor and related ministry.

The minority opinion of Commission members (27 June, 2002):

According to Article 17 Note H of 1380 Budget Code, the guarantor is responsible to pay all the losses incurred to the ministry. ( The exchange rate would be calculated on the date of repayment).

Question Number 240

In the event of an absent vote, if the Court of review confirms the vote, in case the losing party submits his request of protest against the vote, do the Court of First Instance has the right to do judicial proceeding or not?

The majority opinion of Commission members (7 June 2002):

In respect of Article 260 of Criminal Procedure Code, the Court of First Instance has not the right to proceed on protest.

The Minority opinion of Commission members (7 June 2002):

According to Article 218 of Criminal Procedure Code, the Court of First Instance will do judicial proceeding as soon as receiving the losing party’s protest; evidently it depends on which court has issued the absent vote.

Question Number 241

In execution of Article 140 of Criminal Procedure Code and Article 1 of Sale and Collecting   Possessing goods Organization Establishment Code, how to proceed?

Unanimity of votes

According to article 140, 145 and 146 of Criminal Procedure Code, it is the chief of magisterial district’s duty, and it is beyond the responsibility of Sale and Collecting Possessing Goods Organization.

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Statistical Performance of Tehran Province Courts

In this section, the courts of Ministry of Justice have been classified according to their statistical performances.

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The story of Mr. Ali Mirza Khan Davar’s Trial

Mr. Ali Mirza Khan Davar, was the Minister of Justice in 1966, and he has had an unpleasant experience in regards of a personal trial, before being appointed as Minister of Justice.

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Acquaintance with American judiciary system- Part 6

Yadollah Alidoost, Ph .D

Following to the previous explanations subject to Judiciary System in America, in this part we would like to describe:

A- Kinds of Court Session

B- Testimony

C- Federal Rules of Evidence