Editor in Chief’s Note

The third scientific and educational gathering of deputies of Education & Research Section of the State  Justice Administrations was held at Tehran on June 31, 2002, Jan. 1 and 2, 2003 (10^th, 11^th and 12nd Day of the current year). At the beginning of this cerremony, the Honorable Chief of the Judiciary delivered a detailed speech. The Editor in Chief in his note discusses the effective method and manner of education affair and mentiones 10 cases.

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Justice in Islam                  

The 11^th part of the article of “Justice in Islam” studies and discusses this subject that if the defendant denies the plaintiff’s claim and the plaintiff can not prove his/her claim, in this stage what is the duty of the denier?

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Marriage & Right of Lien of the Wife and its Application Conditions & Results

This is subject of this article’s discussion in which this question has been set forth that “If the husband has no ability for payment of the marriage portion at the time of marriage and the wife is aware of this subject, can the wife avoid from obedience and performance of the duties against the husband by virtue of right of lien up to getting the marriage portion?”

To clarifying this subject, the writer expresses an example:

“ A woman got married with a young man, student of university, with marriage portion of 1000 gold coins due and payable by the husband, while, the wife was aware of the economic status and conditions and his inability of payment of the marriage portion at the time of marriage. Can the wife avoid from her marital duties performance by virtue of right of lien?

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Orders of Judges’ Disciplinary Courts

“Delaying the case is disciplinary violation.”

“Applying complaint of the female complainant before demanding for the accused invoked case in which there is the female complainant disobedience claim is disciplinary violation.”

“Issuance of judgement of acquaintance of the defendant judge because his measures have been based on the judicial verdict.”

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One Vote, One Experience

Rules in relation with contract of guarantee of the guarantor in civil law is different from endorsement in the Commercial Code.

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Acquaintance with American Judiciary System

The writer in continuation of his explanations regarding the American Judiciary System, in this section studies the following cases:

1) Trial

A)      Jury

B)       Opening Statements

C)       Closing Argument

2) Jury Deliberation

3) Jury Verdict

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Around the Table

The following questions were discussed in the around table held on Sept. 26, 2002 (4^th Mehr, 1381) the commission majority or unanimity of votes are as follows:

Question 248: Is the purpose for satisfaction of the private complainant said in the amnesty of Feb. 11, 2001 (22nd Bahman, 1380) is the one whom some losses have occurred to him/her due to the crime or all the complaints are considered?

Opinion of majority of votes of the current commission in the session dated Sept. 26, 2002 (4^th Mehr, 1381)

Regarding Article (9) of Procedural Law of Public and Revolution Courts in the criminal affairs, the person whom some losses occurred to him/her due to the crime or a right such as retaliation has created for him/her is called private plaintiff and complainant. It is no doubt that mentioning private complainant or complainant inserted in Clause 3 of Part (C) of Instruction of amnesty of Feb. 11, 2001 (22nd Bahman, 1380) is as per the contents of the said Article. Also in Article (727) of the Islamic Penal Code, the crimes which are not followed up except for the private complainant’s complain and by his/her remission, the court can mitigate the perpetrator’s punishment and or…., it has been considered that they include crimes of abusiveness misdemeanor subject of Article (608) of the said Law and it is considered that the court in the position of mitigation or …. needs remission of the private plaintiff. With respect to the above cases and regarding the fact that the losses occurred to the complainant shall be compensated and the losses shall be canonically compensated and on the other hand Clause 3 of Part (C) of amnesty instruction discussed is explicit that the said amnesty includes the persons who have no private complainant and or… the consent of the complainant is expressed or the loss of the private plaintiff, whether natural or legal entities, is compensated, all indicate the purpose of the private complainant in the amnesty instruction subject of the question refers to all the complainants.

Question 249: Does order of the trial as per Article (55) of Code of Procedure of the Public and Revolution Courts in the criminal affairs regarding the accused who has many charges, obstacle the basic researches of each authority?

Opinion of unanimity of votes of members of the current commission in the session dated Sept. 26, 2002 (4^th Mehr, 1381)

Whatever is mentioned in the Article (55) of Code of Procedure of Public and Revolution Courts in the criminal affairs is about the courts, and the purpose is that to know which of the courts have respectively competence of proceeding and issuance of the judgement and this subject shall be separated by performance of basic research and the urgent and necessary measures for prevention of removal of the traces and signs of crime subject of Article (40) of the said law which made the judges and examining magistrates to perform that. So each of the Public, Revolution and Military Courts which has access to the accused should perform the necessary basic research regarding the accused ’s charge which is in the competence of the other judicial authority and takes action about issuance of incompetence writ for the competent judicial authority by issuance of the proper writ of attachment.       

Question 250: Is attachment or sale of the immovable properties of the convicted whom the properties has been transferred to him/her ordinarily and has the irrevocable attorneyship and official confession from the owner permissible?

Opinion of unanimity of votes of members of the current commission in the session dated Sept. 26, 2002 (4^th Mehr, 1381)

Legislator in the Article (101) of Law for execution of civil judgements accepted attachment and sale of the immovable property of the condemned party which is given to his possession or he is its owner by the final judgement even if it has no registration record but in the prior manner attachment and sale of the immovable property of the condemned party who has ordinary deed and official affidavit and irrevocable attorneyship from the official owner and has the registration record is permissible. Because regarding the official affidavit, the property’s official owner will be forced to admit as per Article (1275) of Civil Law. With respect to the sale and quality of its transfer, it shall be said that after performance of the bid’s formalities, a participant in the bid may win and pay the property’s price, the execution section may deliver it to the purchaser and/or the condemned party accepts the property object of bid as debt according to the regulations of the judgements execution, in both cases, by payment of the of the price and delivery of the property, the sale is completed and the authenticity of the bid is not in the condition that the property is officially transferred and registered in the name of winning party in the notary public office as per the regulations of Law for execution of the civil judgements.    

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A Selection of Latest Legal Approvals

·                      Repeated Amendment of the most applied Articles of By-Law of Prisons Organization (Prisoners Leave of Absence)

·                      Spending the sums resulted from the execution of Narcotics Law will not be by opinion of the headquarter and confirmation of the President.

·                      Objection to the nationality refusal in the courts is hearable.

·              99 Articles as Agreement of Iran & Syria Judicial Cooperation

This agreement was approved by the Islamic Consultative Assembly on Nov. 21, 2001 (30^th Aban, 1380), 17 articles of which were objected by the Gurdian Council including Articles 10, 18, 19,20, 21, 26, 28, 30, 31, 32, 34, 36, 49, 54, 58, 64, 84 and they were referred to the System Expediency Assembly due to the difference, approval of Assembly was exactly confirmed by the System Expediency Assembly. Some notes are considered important: 

* Providing exchange of legal and jural research and legal magazines and valid judicial laws and approvals

* Holding educational courses of judicial affairs  employees

* Granting rogatory commission in the civil, commercial and criminal affairs

* Accepting credit of judgement debt matter (of course regarding the possibility of extraordinary revision, now there is no judgement debt matter in Iran.)

* Issuaning injunction or security measures in the competent court of investigation

* Exchanging penal records inforamtions (Nowadays, one of the main problems of the Judiciary is non-automation and lack of sound, optimized and primry usage of computer and now the persons criminal records are not concentrated).

* Non-extradiction of the political criminals

* Political crime of non- attempting on the life of the state directors, deputy and their wives, parrents and children

* Transfering the convicted persons to the prison

·                    The next changes in the birthday of the State employees are not effective regarding retirement.   

·                    Establishment of the new duties and change of the present duties is enforceable by recommendation of the Minister of Interior and approval of President.

·                    Confirmation of labor occupations in the state companies is of the duties of Organization for Administration & Employment

·            By-Law of Application of Arms by the Disciplinary Officers against the Prisoner or the Arrested Person

·            To force the people for participating in the educational classes, to ask them the ownership positive documents, to take driving license from the driver who stopped in the squares or the forbidden places are not legal.

 ·           Article 11 of Penal Code is applicable in the violations of the State punishments.

 ·           Order for necessity of deed drawn up and any type of conveyance regarding the lands depend on presentation of certificate based on adverse inapplicability and construction rules in proportionate to the purchaser’s need.

 ·           The marriage expenses of all the employees’ children are payable in double form and its limitation to two or three children is not legal.

 ·           Executive By-Law of Article (189) of Law for Third Program of Economic, Social and Cultural Development of the Islamic Republic of Iran

Article 1 – Establishment of Council

Article 2 – Honorary Membership

Article 3 – Council Office

Article 4 – Election of Members

Article 5 – Membership Conditions

Article 6 – Occupational Positions Contrary to Membership

Article 7 – Scope of Competence

Article 8 – Commencement to the Investigation

Article 9 – Reasons for Membership Refusal

Article 10 – Formalities of Investigation & Free of Charge Measures

Article 11 – Research Performance

Article 12- Assignment of Departments & Justice Administration Officers in Cooperation

Article 13 – Request for Consultant

Article 14 – Attempt for Compromise

Article 15 – Determination for the Cases Beyond Scope of Competence

Article 16 – Issuance of Judgement

Article 17 – Amendment of Judgement

Article 18 – Objecting to the Judgement

Article 19 – Execution of Judgements

Article 20 – Observation of the Arbitration Regulations

Article 21 – Providing the Devices & Facilities

Article 22 – Supervision of Justice Administration

Article 23 – Department-General of Councils Affairs 

-          The next changes in the birthday of the State employees are not effective regarding retirement.

-          Spending the sums resulted from the execution of Narcotics Law will not be by opinion of the headquarter and confirmation of the President.

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Special Report

By execution of Law for Establishment of the Public and Revolution Courts from Dec. 22, 1997 (1^st Day, 1376), 12 court divisions have been separated from Shahid Beheshti Judicial Complex and Shahid Ghoddousi  Judicial Complex was established and commenced to work in the district 7 of Tehran Municipality. This complex investigates all the legal and penal claims except for penal claims of the criminal affairs and family claims. Now by increasing the court divisions, 16 court divisions perform the assigned affairs and the specialized court divisions have been established, 6 of which handle with the legal affairs and 10 with the penal affairs.

Totally the number of the judges and employees of this complex are 124, 35 of which are judges and the remaining are employees.

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Judgment of Supreme Court & the Convicted’s Memories

The text has been set forth is the last part of Nosrato Dole Firooz’s trial.

The chief justice announced the proceeding’s termination and the judges started to consult and finally at 11:30 p.m., the court verdict was read. At the end of the verdict, it was mentioned that “by virtue of Article (139) of Penal Code, the doer, Mr. Firooz Mirza Firooz is convicted to deprivation of social rights, 4 months of correctional imprisonment and payment of the sum of 5808 Tomans, three times more than the sum of 1936 Tomans received as indemnity by majority of votes.”

The defense counsels subscribed that, the trial was terminated a quarter before midnight. The defense counsels were appeared in the police prison at the same time and the verdict was observed by Nosrato Dole Firooz and the next day the accused was transferred to Ghasr Prison from Police provisional prison.     

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Fraud a Crime of Commission

In this section, the other fundamentals of fraud crime and aggravating and mitigating circumstances of this crime have been explained with respect to determination of punishments.