Editor in Chief’s Note

Editor in chief in this article, regarding the recent special report about Khanevadeh (Family) Complex, states one subject of the cases set forth in the family cases, judicial divorce. “As in our laws, divorce is granted by husband with submission of petition and the relevant legal formalities, if the legislator permits, the court can render the divorce judgment at the request of the wife contrary to the opinion of the husband. What is the type of divorce? Is the divorce, revocable or irrevocable? Specially the case in which the reason of the divorce is difficulty and fault.”

Also the writer mentions the cases and examples of difficulty and fault, which are considered by the legislator in the year of 2002.

The writer considers the divorce due to difficulty and fault as irrevocable divorce.

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A Selection of Latest Legal Approvals

·          The State Budget Law of the year of 2003

·          The contractual employees of the State Punishments Department are changed to official ones with associate degree certificate.

·          Change of geographical location of the employees is not of the directors’ powers.

·          Change in the Judges’ salary coefficient

·          Amendment of Executive By-Law of Law for Cancellation of Deeds and Sale of possessions, water and lands endowed

·          By-Law of marriage of the Iranian men with the vagrant foreign women (holder of identity card for foreign nationals)

·          Transfer of the universities professors’ children to the university of place of service is an unfair discrimination.

·          Non-existing of a good place does not hinder usage of milk hour leave of absence for the mothers having breast feeding child.

·          Law for Check Drawing approved on July 7, 1976

·          Check Law was approved in 8 articles in the year of 2003, one of the important amendments of this Law is amendment of Article 13 of the Check Previous Law, because previously post-dated checks, certified checks and blank checks were crime but now these are not crime. Another specification of the Law is that the judge can issue writ of attachment except cash pawn for the accused.    

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Orders of Judges’ Disciplinary Courts

-          6 months of deduction of third portion of salary due to criminal investigation of an affair which has a legal aspect.

-          Non-notification of delivery of expert opinion to the defendant’s attorney is duty performance negligence.

-          Order of freedom of the accused persons with the valid surety to Criminal Investigation Department causes the written reprimand with insertion in the file.

-          Issuance of order of discharge of the unknown accused is offense.

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Study of Convention of Removal of all the Forms of Discrimination Against Women

Subject of accession to “Convention of removal of discrimination against women” is setting forth in the state political and cultural meetings and still no decisive decision has been made in this regard by the Islamic Republic of Iran.

It seems that such a decision needs comprehensive deliberation and plan of the state cultural directors.

The axes discussed in this article are inclusive of:

-          Introduction

-          History of convention of removal of discrimination against women

-          Axial solution of convention in the women rights defense

-          General structure of convention

-          Subjects of convention articles

-          Criticism and study of convention

-          Making convention binding

-          Accession of Iran to convention

-          Opinion of some of the jurists in relation with accession to convention of removal of discrimination against women

-          Presentation of suggestion

-           End of speech    

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Tehran Khanevadeh 2 (Family 1) Judicial Complex

This complex is located at the north east corner of Vanak Sq. Its judicial limitation is began from Enghelab Sq. and part of Tehran north west area. This complex has 9  court divisions which investigate all the family claims such as divorce, alimony, custody, proving blood relation etc.      

This judicial organization is managed by 18 judges.

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Justice in Islam

17^th Part                 

Hojjatoleslam Valmoslemin Abbasali Alizadeh

In the 17^th part of this article, in continuation of discussion of rule of “Lazarar”, sentence of “Lazarar va Lazaraar” has discussed. Its different meaning has been explained regarding obvious nullification and some of the problems, which the jurists mentioned in this regard, have been inserted.

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One Vote, One Experience

“Do two verdicts, subject of the following correspondence, have contradiction? What is your argument?”

“Verdict No. 121/79 dated Mar. 4, 2001, drawn up by court division No. 35 of Court of Appeals regarding revisionism of the above mentioned Written Judgment”

“Verdict No. 1776 dated Dec. 15, 2001, drawn up by court division No. 1101 of Tehran Public Court”

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Historical

Prepared by Mrs. Soudabeh Darvish, Employee of Tehran Education Department

The last part of the historical mentions the last defenses of the attorney of Mr. Rasekh, attorney of the accused persons and verdict of the criminal council and interview with public prosecutor of the case of the deceased Mr. Abdoh.

Mr. Rasekh in his defenses against bill of indictment of the public prosecutor warns the court judges that: “As today the society judges regarding the last measures, tomorrow, it will judge concerning your functions and I am sure in the free situation, the high ranking judges can judge under free will. No power can influence the judiciary. Because by reference to the history and attention to the life of the past tribes and nations, we can find an obvious fact in the history and that fact shows the greatness and authority of the judiciary to the current society.”

The court verdict: Pezeshk Ahmadi was convicted to execution and Mr. Rasekh was convicted to 6 years of imprisonment as well as work due to being accessory to the crime.

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Around the Table

The following questions were discussed in the around table, the commission majority or unanimity of votes are as follows: 

Question 269: Is issuance of writ of non-suit of dispossession with this argument that it shall have been filed under title of eviction, correct?

Opinion of majority of votes of the members of the current commission in the session dated Apr. 30, 2003 (Ordibehesht 10, 1382)

In the legal affairs, the court is entitled to take measure in the framework of the object of claim. Article 2 of Procedural Law of Public and Revolutionary Courts in the civil affairs has bound the court to investigate the claim, which has been filed as per the law. So, as dispossession and eviction are two different claims, that is, eviction claim is resulted from a contractual relation and dispossession from usurpation and each one have their relevant effects, regarding the question, the court shall issue writ of non-suit.      

Question 270: By issuance of judgment of installment of blood money, shall payment of each installment be calculated on the basis of the price on the day of payment or no change may be made in payment of rate of installment up to payment of the last installment?

Opinion of majority of votes of the members of the current commission in the session dated Apr. 30, 2003 (Ordibehesht 10, 1382)

Although acceptance of theory (each installment shall be calculated based on the price on the day of payment) is inconsistent with legal establishment philosophy (insolvency), but legislator, in article 292 of Criminal Procedure, approved in 1999, provides quality of payment of blood money and its respite in the manner inserted in the Islamic Penal Code and Law for Manner of Execution of Financial Convictions. Therefore in the event of proving insolvency of the judgment debtor in the absolute manner, the next measures are taken according to the Islamic Penal Code. But if the court recognizes the judgment debtor as solvent of payment in installment, it renders the judgment of the blood money installment concerning the financial status of him (her) and in case of satisfaction of the judgment creditor, installment will be in the day rate and in case of non-satisfaction of the judgment creditor, installment will be in the price on the day of payment.     

Question 271: Someone has been prosecuted with accusation of fighting against God and murder; accusation of fighting against God causes the death sentence but regarding the murder case, no decision has been made yet, should execution of fighting against God up to the final investigation of murder be stopped?

Opinion of unanimity of votes of members of the current commission in the session dated Apr. 30, 2003 (Ordibehesht 10, 1382)

Crime of fighting against God has divine right aspect, but peoples’ rights aspect of murder is dominant (Though it has public aspect too). So it has priority on fighting against God regarding execution. In the meantime, execution of one of the punishment (such as execution) should not hinder execution of the other punishment (such as whip). As in the question, with execution judgment, the ground of research and reasons and recognition of murder are removed and rights of heirs of the slain person are wasted and investigation of the murder case encounters problem. So the court can issue the order of stopping judgment execution, subject of question, up to investigation of accusation of murder and issuance of legal judgment according to Article 283 of Civil Procedure of Public and Revolutionary Courts in the criminal affairs.  

Question 272: Is rule of aggravation of penalty enforceable in the legal affairs in case of payment of blood money out of public treasury?

Opinion of unanimity of votes of members of the current commission in the session dated Apr. 30, 2003 (Ordibehesht 10, 1382)

In the legal affairs in which payment of blood money is undertaken by the public treasury, as representative, judgment debtor will be subject to aggregation of penalty, subject to Article 299 of Islamic Penal Code. Because, at present, there is no text of the law and the jural rule regarding exemption of the public treasury about payment of blood money. With respect to Article 15 of the above mentioned law which knows blood money as property, the determined punishment in Article 299 of the said law for blood money is not considered as penalty.

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Acquaintance with English Judiciary System

3rd Part

Dr. Mansour Pournouri

In the 3^rd part of this article, types of the courts of law in England, respectively the county court and its investigation competence, high court including a) queen’s bench, b) chancery court, c) family court and finally the court of appeal (civil division) inclusive of Chief of the Judiciary, chief justice of the court of appeals and judges of the court of appeals, appointed by the Queen, and chief justice of family court regarding their positions and 28 other judges of court of appeals are discussed.