Editor in Chief’s Note

Combination of Love & Task

Having mentioned the importance of judgment in each governmental system, Editor in Chief in his note sets forth that judgment has a culture and using the experiences of the ones who were judge shall be a great capital for the future.

In continuation, he quotes exactly the comments of one of the graduates of the law society with 12 years of job experiences.

_____________________________________________________________________

A Selection of Latest Legal Approvals

·          Verdict No. 222 of General Board of Administrative Justice Court regarding competence of the justice administration courts in investigation of the objection of the employers against fine writ of follow up staff of non-authorized foreign nationals occupation

_____________________________________________________________________

Orders of Judges’ Disciplinary Courts

-          Allowance to family members is demandable for future.

Judgment No. 323-325 dated Sept. 28, 2003, drawn up by division … of High Disciplinary Court of Judges

-          Complaint of tender manner depends on the one-week respite.

Judgment No. 259 dated Sept. 22, 2003, drawn up by division … of High Disciplinary Court of Judges

-          Difference of the word of “Deduction” and “Computation” in the disciplinary verdict

Judgment No. 172 dated Aug. 10, 2003, drawn up by division … of High Disciplinary Court of Judges

_____________________________________________________________________

Historical

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

This is a report of Savak (National Iranian Security and Information Organization) under No. 24/920/48835 dated Mar. 15, 1972 with the subject of “a glance at the public opinion for upward movement of prices and unsatisfactory factors in the society” which has been prepared by a socialist and clear sighted scientist who due to having nationalistic ideological motive and familiarization with unsatisfactory factors in the society prepare and submit suitable and valuable reports, the contents of which are completely important and shall be studied.

A summary of the said report is as follows:

It shall be mentioned that a great part of the expensiveness is due to lack of information and non-management or conspiracy of a few people and in this case people are unsatisfied and the king is sad of the people’s unsatisfactory but those few people are going to pillage the public treasury. Why the public opinions are not considered so that it become obvious that they can accept the expensiveness new situation or not?

He believes that in this way, people think that expensiveness of the goods and the consumed materials is due to the government and their cheapness is because of their will and aspiration and gradually this become a tradition and they learn way of resistant against the government for supply of their needs.

_____________________________________________________________________

Registration Code

(Second Session) “Dr. Hashemi”

In the 2^nd part of this course, the “meaning of property registration” has been discussed. In continuation, it has been mentioned that whatever has been registered is plot of land and the building constructed in that. Some of the people have stated that: “whatever is in the land, is registered under title of Article 147.” It is not correct. It is illegal. The things, which cannot be registered such as wasteland, jungles, pastures and avenues, cannot have special owner. Also, notary public offices and explanation of the title deed and memorandum have been mentioned.

_____________________________________________________________________

Shahid Fahmideh Judicial Complex

Shahid Fahmideh judicial complex is the only authority for investigation of the juvenile delinquency in Tehran and is located in district 5 of Tehran municipality, No. 144, Azadegan Ave., After Mohammad Ali Jenah Bridge, First of Tehran-Karaj Highway and has the investigation competence of crimes and the cases of the individuals with the age less than 18 years.

Now, 4 divisions of the court perform its judicial affairs.

This complex has 7 judges and 45 administrative employees, 35 of the judicial and administrative personnel are men and 17 ones are women.

Education Degree of the administrative and service personnel is about 25% Bachelor’s Degree, 5% Associate Degree, 40% High School Diploma and 30% 3^rd Grade of Guidance School.

_____________________________________________________________________

Justice in Islam

19^th Part                 

Hojjatoleslam Valmoslemin Abbasali Alizadeh

In the 19^th part of this article, the writer sets forth the second part of “Rule of Possession”. The writer in continuation of his writing has discussed “Does the “possession” indicate proprietorship or does it refer to non-proprietorship such as purity and impurity?” and then he sets forth the relevant traditions.

_____________________________________________________________________

Report of Specialty Committee of Study of Check Amendment Law:

This committee has studied law of amendment of articles of check drawing law approved on Aug. 24, 2003 at the session dated Oct. 14, 2003 and drawing blank check, certified check, check without date and post-dated check regarding cancellation of the offence, and the fact that in the new law, punishment of drawing bad check is less than the previous law, regarding the fact that how in the previous law, condemned persons can enjoy the mitigation the new law? and how the new law can be applied for them and is receipt of 1/3 out of ¼ of the cash fine legal concerning remission of judgment creditor? etc. have been set forth. 

_____________________________________________________________________

One Vote, One Experience

Difference of competence among division 1413 of Tehran Public Court and division 10 of Administrative Justice Court and Verdict of Supreme Court in this regard

(Investigation of the claim of Panzdahe Khordad Foundation against Municipality and … is within the competence of Administrative Justice Court.)

(Panzdahe Khordad Foundation is not recognized as people legal and merely non-governmental entities.)

(The dispute is settled with confirmation of opinion of division 10 of Administrative Justice Court.)

_____________________________________________________________________

Judicial New Policies About the Youth

Dr. Mohammad Ashouri: Professor of Faculty of Law and Head of Penal Sciences & Criminology Research Institute of Tehran University

Generalities:

Attention to the particulars of the youth period and beginning of the scientific discussion about it has about 150 years of precedence. The first achievement of such a view was establishment of misdemeanant juvenile court in Ili Noise of America in 1899 and a special manner of investigation.

Consequently and from beginning of 20^th century, gradual establishment of misdemeanant juvenile court was began in France, Belgium and other European Countries and little by little other countries began to establish this court and necessity of a supportive treatment with the youth was set forth.

In Iran, by approval of Penal Code in 1925, we witness a different treatment with juvenile at least regarding rate of punishments. Fortunately now and after passing one century, such a necessity has been mentioned specially in the international level and now we have three valid documents in this field:

1. At least standard regulations of the United Nations for proceedings for the youth named Peking regulations

2. United Nations regulations for support of the youth deprived of freedom

3. United Nations Organization guidance for prevention of the youth guiltiness are not obligatory, but Child Rights Convention (except for America and Somalia, other countries have jointed to it) in the reserve framework which some of the countries has – provided that such a reserve condition has no contradiction with goal and purpose of the treaty of the Child Right – is enforceable for the member countries. Islamic Republic of Iran has jointed to the Child Rights Treaty through single article as follows: (Single article of child rights convention including one introduction and 54 articles has been approved as follows and joint authorization of the Islamic Republic of Iran government has been given provided that if its contents contradict the internal laws and Islamic rules in any case and time are not to be observed by the government of the Islamic Republic of Iran.)

_____________________________________________________________________

Around the Table

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

Question 277: Which authority may issue order for collection of attorneyship amount and confiscation of pawn concerning establishment of procurator’s office?

Opinion of majority of votes of the members of the current commission (11 out of 21) in the session dated July 23, 2003 (Mordad 1, 1382)

By virtue of Note of Article 12 of Law for Establishment of Public and Revolution Courts approved in 1994 and Explicitness of Article 140 of Criminal Procedure Code approved in 1999 and concerning Article 3 of Recently Approved Law (Law for Amendment of Establishment of Public and Revolution Courts Law) and Transfer of Code of Procedure of Public and Revolution Courts in the criminal affairs approved in 1999 about the subject of question, it can be said that as powers of head of judicial area have not been divested in this regard by clearly stated text and relying on Article 10 of Executive By-Law of Amended Law  regarding Explicitness of Article 140 of the mentioned Criminal Procedure Code is not correct, therefore up to approval of new Criminal Procedure Code, this duty is undertaken by head of judicial area.  

Question 278: How the court alternate judge does investigate the non-important crimes (the crimes which are not within the competence of the province penal court) in the division public court? What is its difference with the former independence Court of Law II?

Opinion of unanimity of votes of members of the current commission in the session dated July 23, 2003 (Mordad 1, 1382)

By virtue of Note 6 of Article 3 of Law for Amendment of Public and Revolution Courts Law in the province public courts, bill of indictment is issued only in the affairs, which are within the criminal competence of the province and regarding investigation of the non-important crimes, the said law has not mentioned anything that is the non-important crimes are investigated in these courts in the same manner that it was performed in the Courts of Law II, in other words, same as the public courts before approval of the amendment law… investigation is performed directly without intervention of the procurator’s office while from the recent part of Note A of Article 3 of the said law, it is interfered that the purpose of the public prosecutor powers delegated to the alternate judge in the province courts, are the other duties of the public prosecutor such as probate matters and enforcement of judgment.  

Question 279: In clause (Z) of Article 3, amended, it is inserted (that all the writs of the assistant to the public prosecutor general shall be accepted by the public prosecutor.) Is this phrase correct? Shall the assistant to the public prosecutor general submit all the issued writs including interlocutory judgment, writ of attachment or final order to the public prosecutor or the purpose is “final order” and “warrant of provisional arrest”? 

Opinion of majority of votes of the members of the current commission in the session dated July 23, 2003 (Mordad 1, 1382) 

As per clause (V) of Article 3 of Law for Amendment of Establishment of Public and Revolution Courts Law, preliminary investigations of all the crimes are undertaken by the interrogator and according to the same clause, the crimes which are not within the competent of investigation of the province penal court. Also the public prosecutor will have all the interrogator duties and powers. The assistant to the public prosecutor general undertakes all or some of the legal duties and powers of the public prosecutor as per Note 5 of the said article. So, in fact, the powers of the assistant to the public prosecutor general in the preliminary investigations is derived from the interrogator’s duties. So as all the interrogator’s writs have no capacity for variance with the public prosecutor’s, the assistant to the public prosecutor general writs, which are also derived from the interrogator’s powers are subject to this rule. In the meantime, historical record of judicial subject and precedent has been in this manner before the procurator’s offices dissolution. On the other hand, opinion giving regarding all the writs of assistant to the public prosecutor general causes increasing the public prosecutor work and practically we will have problem. Therefore, the purpose of phrase of all the writs inserted in clause (Z) of the new law is disputable writs such as final order and temporary detention. But as the interrogator is independent, disputes are settled by the court but as opinion of the assistant to the public prosecutor general is subject to the public prosecutor opinion, the public prosecutor’s opinion is dominant, also if the public prosecutor is informed of issuance of each of the assistant to the public prosecutor general’s writs, he can intervene and in this manner, his opinion is binding.  

_____________________________________________________________________

Writing Criticism of One Verdict

Mohammadreza Khosravi

This part has a criticized view to some of the penal and legal verdicts of courts so that hereby the honored judges are helped in rendering fluent and perfect verdicts. In this part, one verdict and 14 writing faults have been studied.

_____________________________________________________________________

Acquaintance with English Judiciary System

5th Part

Dr. Mansour Pournouri

The 5^th part of this article sets forth the Judicial Assistance.

There are two types of judicial assistance:

1.        Judicial Assistance & Consultation in the civil actions, 2. Judicial Assistance in the penal actions

The goal of legal judicial assistance is help to the people having low income in brining an action and defense of the action without payment of any cost.

Judicial Assistance in the penal affairs is begun from the beginning of complaint and investigation of the accused person.