Editor in Chief’s Note

In this issue of the magazine, Editor in Chief, on the occasion of Day 20^th, anniversary of Amir Kabir honoring, the person who was Iran’s ruler about 160 years ago and in history, the short period of his governorship is named “Golden Period”, describes 6 of his honorable and exemplary measures.

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A Selection of Latest Legal Approvals

·          Drawing up of the trades affairs only beyond the cities protection limitation up to establishment of city or district council is undertaken by the county.

·          Performance of duty with a delay of 5 years

·          Approval about increasing rate of crimes inserted in articles (42), (43), (44), (46) and (50) of Law for Protection and Exploitation of Jungles and Pastures 

·          Board of dispute settlement and investigation of the complaints of councils swerving from the legal duties

·          Amendment of title and article (29) of By-Law of research quality in research branches of Hajj (Pilgrimage to Mecca) and Endowment and Charity Organization

·          Any kind of leave of absence is happened by permit of public prosecutor and Assistant to the Public Prosecutor General of Prisons Controller

·          Credit of the Procedural Law of Public and Revolution Courts in the penal affairs up to Oct. 2005

·          Executive By-Law of Article 293 of Procedural Law of Public and Revolution Courts was approved with a delay of 4 years.

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Orders of Judges’ Disciplinary Courts

-          Investigation of third party objection including objection to the court judgment or writ of execution involves filing a suit against all the parties to the suit and parties to the execution writ.

-          Rendering of judgment in a matter adjudged is contrary to the legal regulations.

-          If the expert confirms that the automobile, object of transaction has defect in the guarantee period; conviction of the defendant company about delivery of a sound automobile to the plaintiff is not considered as a disciplinary violation.

-          Amended report is as a judgment and the parallel court division cannot reverse it.

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Registration Code

(Third Session) “Dr. Hashemi”

In this part, effects of notarial document have been discussed. One of its effects is that abnegation of the notarial document or the documents with credit of the notarial document is not justifiable.

Other subject is that abnegation of the contents of the notarial documents is not acceptable.

If the judges or the authorities investigate the correctness of claim for abnegation of the notarial document, they are prosecuted.

Merely claim of forgery regarding these types of the documents can be investigated.

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Shahid Beheshti Judicial Complex

Shahid Beheshti judicial complex is located at Bimeh Crossroads, Sepahbod Gharani Ave., District 6 of municipality of Tehran.

This complex has 43 active court divisions which investigate all the civil actions.

The judicial affairs of this complex are managed by 57 judges.

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Justice in Islam

20^th Part                 

Hojjatoleslam Valmoslemin Abbasali Alizadeh

In the 20^th part of this article, the writer sets forth 6 clauses of property possession. “Do these kinds of possessions indicate the ownership?” is a question discussed in each clause.

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One Vote, One Experience

Verification Branch …. of the High Court:  According to Article 1 of Law for Aggravation of Penalty of bribe takers and embezzlers and fraudulents, issuance of judgment of property return is permissible whereas the original property is discovered and available. In this case the readers’ attention shall be drawn to the several judgments.

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Sale of the Non-Constructed Apartments

Reza Velvion

Despite of the fact that civil law has a rich historical record and enjoys verdicts and opinions of the Islamic scientists but current modern life has its certain problems. One of its manifestations is apartment construction and its sale and this affair causes the legislator to ratify Apartments Ownership Law in 1964 and now purchase and sale of apartment is one of the common kinds of properties transaction but sometimes the subject is the apartments purchase and sale which have not constructed yet and they should constructed in future and this is our article’s subject. Of course this is the subject that has less been considered and it shall be discussed and studied because of specialty and importance and hereinafter, the subject is studied from view point of Iran and France Law.

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Around the Table

The following questions were discussed in the around table dated Aug. 28, 2003, the commission majority or unanimity of votes are as follows:

Question 280: Is issuance of writ of abandonment of prosecution in the preliminary investigations by assistant to the public prosecutor general or interrogator correct?

Opinion of majority of votes of the members of the current commission in the session dated Aug. 28, 2003 (Shahrivar 6, 1382)

Regarding the fact that by approval of Law for Establishment of Public and Revolution Courts in 1994, procurator’s office was omitted from judicial organization and by approval of Criminal Procedure Code in the year of 1999, the time that public procurator’s office did not exist, Note 1 of Article 177 of the recently mentioned law was approved as a result, the court undertook the public procurator’s office duties due to non-existence of public procurator’s office in the said judicial system. As in this law separation between stage of prosecution and research was not predicted so issuance of writ of abandonment of prosecution was undertaken by the court but by approval of Amendment Law for Law of Establishment of Public and Revolution Courts in 2002 and revival of public procurator’s office and as prosecution and research have been undertaken by this judicial unit therefore by preparing conditions of writ of abandonment of prosecution, there is no doubt in the competence of the procurator’s office for issuance of such a writ.

“Is this writ considered as final order or not?” Majority of the above members believed that “this writ is a final order and in case it is issued by the interrogator, it shall be considered by the public prosecutor.”

Question 281: Regarding the fact that issuance of writ of incompetence by assistant to the public prosecutor general or interrogator cannot be objected after communication to the accused, if the accused is escapee and his domicile is not known for the assistant to the public prosecutor general, what is the manner of communication to the accused?

Opinion of unanimity of votes of members of the current commission in the session dated Aug. 28, 2003 (Shahrivar 6, 1382)

Considering the fact that the writ, subject of the question, is of the writs, which shall be communicated according to Clause (N) of Article 3 of Amendment Law of Law for Establishment of Public and Revolution Courts and can be objected after communication within 10 days, although in the question the accused is escapee and his domicile is not known, the affair shall be communicated according to the general rules and in the subject at hand of article 115 of procedural law of Public and Revolution Courts in the penal affairs, the communication shall be performed through publication of notice.  

Question 282: If in one case, the accused person has three accusations, one of them is within competence of Revolution Court, the other is within competence of Penal Court of the province and the other is within competence of Public Court of the city, should three separate bills of indictment and writs of attachment be issued in this regard?   

Opinion of majority of votes of the members of the current commission in the session dated Aug. 28, 2003 (Shahrivar 6, 1382)

As the three accusations, subject of question are different and regarding the fact that the competence among the mentioned courts is inherent so investigation of each of the said accusations is undertaken by the court which has competence of investigation of that accusation. So there is need for issuance of three bills of indictment and writs of attachment. 

Question 283: Is communication of judgments of juvenile courts and other cases which are set forth directly in the relevant courts to the public prosecutor necessary or not? And does he have right of objection to the said judgments?   

Opinion of majority of votes of the members of the current commission in the session dated Aug. 28, 2003 (Shahrivar 6, 1382)

By virtue of Clause (J) of Article 26 of Amended Law of Law for Establishment of Public and Revolution Courts approved in 2002, public prosecutor has legal task of supervision on sound execution of the laws such as rightful persons in revision application regarding orders of discharge or illegal conviction so judgments subject of Clause (J) of the mentioned Article whether have been issued with bill of indictment or have been issued without bill of indictment or directly have been issued by the relevant courts, shall be communicated to the public prosecutor.

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Writing Criticism of One Verdict

Mohammadreza Khosravi

In the previous two parts, two separate verdicts have been studied from Persian writing viewpoint but if the court verdict is to be remarkable as a work without any defect and has no writing problem, it shall pass different stages such as writing chastity.

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Acquaintance with English Judiciary System

6th Part

Dr. Mansour Pournouri

The 6^th part of this article sets forth the attorneyship.

Attorney’s profession in England is of important and remarkable occupations and its social position is in the manner that the courts judges are elected from among the expert barristers and skillful solicitors.

Attorney’s profession in England is divided into two branches: 1. barristers who have competence of filling and defending the claims in the high courts and the courts judges are mainly elected from among them and 2. solicitors who have competence of consultation with the people and preparation of defense bills and drawing up wills, sale contracts and other official deeds.

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Report 2

Deputy in Education of the Judiciary has derived results of educational investigations from the state judicial units in the administrative and judicial sections and notified to the justice administrations through a circular letter so that it becomes obvious where is the diminutions of investigation?

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Report

To issue Clearance Certificate, which stages shall be passed?

In this article, the writer studies administrative stages of getting clearance certificate and mentions its formalities in Tehran.

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Article   

Money Laundering

Money laundering is a phenomenon that usually has a criminal origin and is for compensating unlawful incomes. For a while the governments have tried to treat with this economic and somehow political bad phenomenon. Iran government also, although a little late but coordinated with the other governments, has decided to prepare some facilities for defending the money laundering principle and its harmful effects and has tried to fight with this economic rudeness in the form of a legal bill and treats it as a crime. Money laundering, which is in fact one of the economic corruption examples, is a collection of measures and activities through which the criminal persons pass all their unlawful incomes, which they have gained by goods and drug smuggling, purchase and sale of weapons and even women and children smuggling; through a legal canal such as bank system and make it lawful. This operation not only justifies illegal incomes resulted from the criminal actions and encourages the criminals for continuation of their violations, but also disturbs the state economic balance and shows the annual financial balance of the country incorrectly.