English

We are at the beginning of honoring of day of the judiciary, this year ceremony has special properties and that is end of the first course of management of the judiciary and year of answering to what performed in this course. So Deputy in Education of Justice Administration of Tehran Province has mentioned some points.

· By-Law for identification process of the doubtful citizens and claimants of citizenship of Iran

· Competence of Revolution Court in the limits of the said titles in article 5 of Law for Establishment of Public and Revolution Courts with any punishment remains in force.

· Governmental companies and the affiliated companies to the government are different.

· Verdict No. 439 of General Board of Administrative Justice Court concerning cancellation of articles 6,8,9,10,11,15 and its notes and 16 and 18 and its notes and 19 and 20 of Executive By-Law of Law for Manner of Exercising governmental punishments about goods and foreign currency smuggling

· No judgment has been written concerning imprisonment punishment in the form of solitary by legislator.

· Blood money of the monitory recognized in the Constitutional Law makes no difference with blood money of the Moslem.

q Disciplinary condemnation: Regarding non-supervision on the office affairs, order under surveillance in detection department for the accused under writ

Judgment No. 420 to 422 dated March 13, 2004, drawn up by branch … of judges’ disciplinary court

q Disciplinary condemnation because of non-correction of the quashed judgment (condemnation in charge of embezzlement) despite of recognition of charge concerning breach of trust in the court of appeals,

Judgment No. 334-335 dated Sept. 28, 2003, drawn up by branch … of judges’ disciplinary court

q Driving with foreign vehicle and non-originality of its police plate because of non-payment of the Customs duties is considered as smuggled goods and inferior prestige and judicial respect and is offense.

Judgment No. 550-551 dated Apr. 14, 2003, drawn up by branch … of judges’ disciplinary court

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Justice in Islam

Hojjatoleslam Valmoslemin Abbasali Alizadeh

The writer in this article proceeded to state the subject of the jurist guardian and the proofs set forth in this regard.

Definition of the jurist guardian and opinions of the jurists have been mentioned in this regard.

Reversal of primitive judgment “regarding issuance of judgment for cancellation of marriage by payment of marriage portion in daily price” in the court of appeals and issuance of judgment in the nullity proceedings and execution of the recent judgment in the supreme court

1. Judgment No. 2235 dated Oct. 13, 2000, drawn up by branch … of Tehran Public Court

2. Judgment No. 763-764, drawn up by branch … of Tehran Province Court of Appeals

3. Judgment No. 30194 dated July 15, 2002, drawn up by branch … of Supreme Court

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

Question 290: If house of the judgment debtor and his supporting family is recognized superior his dignity and is sold and a little of the transaction price is considered for buying house for the judgment debtor, is payment of the mentioned price to the supporting family of the judgment debtor for buying house in case of his absence correct?

Opinion of majority of votes of the members of the current commission in the session dated Dec. 24, 2003 (Day 4, 1382)

It seems that word of “absent” in the question is not untraceable absent because due to non-litigious jurisdiction act and civil law, duty of properties of the untraceable absent is obvious and properties of such a absent person can be transferred to the heirs at the special conditions therefore it shall be said that the said absent in the question is apparently a person who shall be persecuted because of conviction and now is escapee and in this situation, the court takes action regarding sale of the house superior his dignity in direction of execution of his conviction verdict and as a result of this legal measure, his supporting family has no house but as it is inferred of the question, the remaining, money of the said house can be used for purchaser of another house for taking residence of the supporting family of the absent person. With which authority order such a measure can be done? It shall be having a sound house is of exceptions of the religion and regarding the fact that the judgment debtor is not available and his family need house, the justice commands that the said amount does not remain in the closed account for removing loss, so the court which takes measure regarding sale of the house superior his dignity, can supervise to purchase another house for residence of his supporting family by the remaining money at the request of his supporting family moreover, interest of the said absent requires this measure to be done.

Question 291: Are forgery of verdicts of the courts subject of article 525 of punishments law and forgery of the official deeds subject of article 533 of the said law, two different crimes?

Opinion of majority of votes of the members of the current commission in the session dated Dec. 3, 2003 (Azar 13, 1382)

Subject of question is forgery of verdicts of courts and forgery of official deeds. In this case, for determination of punishment for the doer on the basis of the similar crimes and this fact that the said actions are not different, it can be argued that as the courts verdicts are not as the official deed as per the civil law regulations regarding deeds and with respect to limited interpretation of penal laws for the accused and punishment removing policy and the fact that criminology of these two subjects and penal description of articles subject of question regarding the fact that title of both has been stated “forgery”, it shall not been considered as different crimes indicative of material multiplicity and union of the punishments for the doer therefore, the crimes of the similar crimes and the punishment will be determined as per second alternative of article 47 of Islamic Penal Code.

In the previous issues, having inserted some samples of verdicts of public and appeals courts, I have mentioned some points about method of good writing. Of course in these reviews, we study the writs less because existence of writing error and literary mistake in the writs is not paid attention due to their simple form but some times ago, I saw a cliché writ which seemed considerable so I decided to study the mentioned writ more deeply.

Second part of the report of travel of the mission to Holland allocates to visiting Leiden Police Station, hearing the statements of several senior officers of this station, visiting with youth public prosecutor of Amsterdam and coordinator of the youth public prosecutors in Holland and visiting youth support center located in Amsterdam.

Dr. Seyed Ali Azmayesh

Text of speech of Mr. Dr. Seyed Ali Azmayesh delivered concerning terrorism at Allameh Tabatabaei Faculty of Law on Nov. 4, 2001 has been inserted in this issue. In this speech, terrorism has been considered as a social phenomenon and it has been inserted that “with familiarization of its reasons and factors, a radical struggle should be started.” He believes that without familiarization of reasons and factors of terrorism which is terrorism criminology subject, no struggle will be logic and successful.

In the third of part of the historical section, statements of one of the other attorneys at law, in the name of Mr. Kavousi, has been mentioned. He asked for the accused acquittal during presentation of his defenses, a part of his defenses is as follows:

“Real justice is applicable when political or private objection does not affect the judges opinion and in the court presence, no opinion is considered except for proofs and reasons available in the case.

A nation is prosperous that obeys the law absolute government and has no duty except for observance of public laws and general rules, the court environment shall be exempted of the political opinions, private circumstances and individual or social prejudices so that law absolute government is fulfilled.”

Closeness of Public Prosecutor’s Office & Court

With respect to establishment of public prosecutor’s office and amendment of law for establishment of public and revolution courts, hereinafter, ambiguities and questions mentioned in the legal department and their answers are set forth to you.

Speech of Ayatollah Shahroudi in the Judges Throughout Meeting of Justice Administration of Tehran Province

“First of all, I express my congratulation to you all dears on the occasion of birth of the Islam Honored Prophet and Imam Sadegh.”

“Although reforms mottos has been set forth in the other two powers (the Executive and the Legislature) but apparently, it has been formed in the Judiciary more. This affair is set forth by the others not me. One of the ministers who knows himself opponent of our political thought said that I believed not only the methods had been improved in the judicial system but also an evolution had been taken place. I am surprised that a minister who has no expertise in the judicial issues, can analysis the new changes precisely. These changes are inclusive of: 1. Re-Establishment of the Public Prosecutor’s Offices 2. Establishment of Dispute Settlement Council 3. Speed in the Cases Investigation in comparison with the past 4. Issuance of the New Circular Letters, especially a circular letter in relation with Inspectorate Organization, bearing about 200 clauses.

Despite of having a system with so much deprivations and stress which influenced the judicial system after political cases and with such a numerous work, I shall really express my thanks to all personnel specially the judges and all who are active in the direction of achievement of the correct judicial policies derived of the Islam and the Constitutional Law and orders of the Honorable Leader.

We shall thank God because we have the favor to serve the others and this is definitely a blessing for our world and afterlife and this is a Principle.”