Editor in Chief’s Note

Editor in Chief in this issue sets forth subject of “Future Horizons of the Judiciary in Planning”, that is, emphasis on necessity of parliament part of the Judiciary because with the interpretations of Guardian Council about the judicial bills, preparation of the judicial bills is solely of the Judiciary’s duties and this capacity shall be used more so expurgation of the laws is necessary.

One of the other subjects is “forbidding the employers of flattery”. In planning, the honest people shall be used and the just criticizers shall be welcomed.      

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A Selection of Latest Legal Approvals

·          Verdict No. 261, 262, 263, 264 of General Board of Administrative Justice Court regarding cancellation of approvals No. 1/2/34/4843 dated July 11, 1987 and No. 10741/1/3/34 dated Oct. 31, 1993 of Ministry of Interior

·          Law for Bank Operations without usury and annexation of 2 notes to it, is not applicable concerning the cases which their execution writ issued before this law.

-          Precedent Verdict No. 3504 – Apr. 18, 2004 of Registration Supreme Court about non-applicability of Law for amendment of Article 15

·          Verdict No. 34 of General Board of Administrative Justice Court about cancellation of Decree No. H 27621 T/47721 dated Dec. 14, 2002 of special representatives of the President about shares ownership assignment of Aseman Aviation Company

·          Verdict No. 30 of General Board of Administrative Justice Court regarding salary increase coefficient of the faculty board members and retired judges

·          Verdict No. 29 of General Board of Administrative Justice Court regarding captivity period leave of absence

·          Executive By-Law of Notes (1) and (2) of Single Article of Law for approval of convention of prohibition and urgent measure for diminishing the worst forms of the child work and its complementary letter of recommendation

·          Verdict No. 40 of General Board of Administrative Justice Court about cancellation of clause one of approval No. 2402 dated July 15, 2003 of General Staff of goods and foreign currency smuggling

-          General Board Verdict

·          Condition of age of 40 years old for arbitrator of the family disputes is cancelled.

-          Verdict No. 36 of General Board of Administrative Justice Court regarding cancellation of clause 3 of article 4 of executive by-law of note one of single article of law for amendment of regulations related to divorce approved on Feb. 20, 1993 of the Judiciary

·          Executive By-Law of Law for prohibition of sale and transfer of the lands without residential application for housing to the housing cooperative companies and other natural and legal entities

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Orders of Judges’ Disciplinary Courts

q       Disciplinary violation about non-observance of explicit order of article 258 of Procedural Law of Public and Revolution Courts in the civil affairs in election of odd (not even) experts

- Judgment No. 32-35 – Apr. 26, 2004, drawn up by branch … of Judges’ High Disciplinary Court

q       Rendering of writ of incompetence for competence of non-judicial authority without sending the case to Supreme Court is violation of the regulations of the recent part of Article 28 of Procedural Law of the Public and Revolution Courts in the civil affairs…

- Judgment No. 30 – Apr. 24, 2004, drawn up by branch … of Judges’ High Disciplinary Court  

q       Disciplinary condemnation for mentioning name of the third party instead of defendant in the judgment:

-  Verdict No. 22 to 24 – Apr. 24, 2004, drawn up by branch … of Judges’ High Disciplinary Court

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One Vote, One Experience

Ø        Subject of Investigation: The buyer is not obliged to announce the property location and is not subject to Article 235.

Ø        Investigating Authority: Branch 20 of Supreme Court

Ø        Court Judgment

Ø        Analytical Theory of Penal Verdicts Commission

Ø        Analysis of Judgment No.: 3

Ø        Convening Date of Court Session: Sept. 8, 2003

Ø        Subject of Case: Fraud

Ø        Strength Points of Verdict with Analysis & Interpretation

Ø        Verdict Educational Aspect

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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 298 What is the obligation of the public prosecutor’s office regarding Article 255 of the Islamic Penal Code?

Opinion of unanimity of votes of members of the current commission in the session dated Feb. 25, 2004 (Esfand 7, 1382)

Regarding Article 255 of the Islamic Penal Code in which it is inserted that: “whenever a person is killed due to a crowd or a dead body is found at the public Ave. and there are no conjectural signs for his murder against a person or persons, religious judge should pay his blood money from public treasury and …” In this way, if the case is filed in the public prosecutor’s office and judge of the public prosecutor’s office is completely disappointed of the murder’s identification, no measure can be taken by the public prosecutor’s office because judge of the public prosecutor’s office is not called religious judge and the case shall be sent to the court by acceptance of the public prosecutor and without bill of indictment so that the court judge takes action.

But about second part of the mentioned article, if the murder is committed by a person or persons, the public prosecutor’s office could not execute compurgation rather concerning the conjectural signs, the case shall be sent to the court with bill of indictment because this is the basis that no case shall be filled in the court without bill of indictment unless in the legal affairs.

Question 299: Can verdict of judge of single article commission of law for determination of lands disputed subject of execution of article 56 of Jungles & Pastures law approved on Sept. 12, 1988 revised?

Remark: Regarding the above opinions about this question, Opinion of majority of votes of the members of the current commission in the session dated Feb. 25, 2004 (Esfand 7, 1382) based upon object ability of verdict of single article commission of lands disputed subject of article 56 of Jungles Law in the public and appeals court was announced in the court of appeals but as before print of this opinion at Ghezavat magazine, precedent verdict No. 665 dated Apr. 6, 2004 of General Board of Supreme Court issued and published at gazette dated June 7, 2004, and regarding its relation with this question, it is completely inserted for your information.

Question 300: What affairs does the nonintervention of the attorney in the investigation include? In case of intervention permit, is there any limitation regarding number of the attorneys?

Opinion of unanimity of votes of members of the current commission in the session dated Feb. 25, 2004 (Esfand 7, 1382)

Principle 35 of Iran Constitutional Law emphasizes on right of attorney election by the parties and in case of their inability for attorney election, election of the attorney for them by justice administration.

But regarding subject of question, it shall be said that by virtue of clause 112 of criminal procedure, if the public prosecutor’s office judge finds out one of these three stages: “1. confidentiality aspect of the subject, 2. relation of the subject with the crimes against the country security, 3. disclosure of the subject due to presence of the attorney” in investigation, he will prevent of presence of the attorney otherwise presence of one attorney with the accused in the public prosecutor’s office is permissible. The said attorney in the investigation stage can intervene in the hearing of complaint and statements of the other party and at the end of each stage of investigation and the last defense, presents his opinions in written.

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Educational System & Quality of Evaluation of the Academic Certificates of Austrian Universities

From this issue for information of the colleagues, quality of evaluation of academic certificates in the abroad and identification with high education system of the other countries are set forth. This part allocates to Austria.

Educational System in Austria has general rules and regulations, inserting in 12 articles, the most important ones are as follows:

1.        Evaluation is possible when the primary conditions of studies (such as regular enrollment at the university, participation in the classes and examinations, full-time studies in presence, submission of thesis at the relevant courses, …) of the student are met for the members of the commission or evaluation council.

2.        Studies in absentia are not valid and do not evaluate.

3.        Diploma of the academic certificates by the students’ supervisors or agencies of the Islamic Republic of Iran and completion of the evaluation sheet and presentation of certificates such as passport photocopy etc. as well as the academic information for evaluation are necessary.

4.        Presentation of the university certificate and transcript of records is necessary for evaluation….

5.        Incomplete studies in each program are not evaluated.

6.        Duration of each academic course shall be common…..

7.        Study in the continuous courses shall be in one category ….

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Costs (Proceedings Loss)

(A Review on Changes of Laws and Judicial Precedent)

Written by: Mohammad Hadi Fazlali

Second Part

In this part of the “Costs”, 12 clauses are mentioned as follows:

1.        Loss resulted from bringing an unfounded action

2.        Loss resulted from attachment of relief unjustly

3.        Loss resulted from injunction

4.        Attorney’s fee

5.        Expert’s fee

6.        Arbitrator’s fee

7.        Protest expense

8.        Execution of judgment expense

9.        Loss from Loss

10.     Losses adjustment

11.     Loss in the action ended with compromise

12.     Loss in the government actions and actions against the government

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Writing Criticism of One Verdict

Mohammadreza Khosravi

8^th Part

In this part, the writer mentions a verdict, drawn up by public court. One of the important points criticized by him is non-insertion of the personal specifications of the plaintiff and defendant because in this verdict, names of the plaintiff and the defendants are not mentioned and a judgment is rendered.

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Report of Travel of the Mission to Holland

Reza Jafari

Third Part

Forth part of this report is allocated to a visit of an organization in the name of “Halt” which means stop and prevention of committing repetition of the petty offenses. As per the contents of the said report, this organization was established in a common cooperation by Rotterdam Municipality, Justice Administration and Police about 20 years ago. Their goal was creation of a method for stopping commission of petty offenses by the youth.

At the end we get acquainted with 1. history, 2. effect of Halt, 3. important privileges of Halt plan, 4. Halt clients, 5. Halt instead of punishments and 6. method for execution of Halt plan.

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Historical

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

An abstract of the book of “Memories of one Attorney”, Written by: Adib Razavi

Printing-House: Khajeh 661279

In the historical part of this issue, history of establishment of penal court for investigation of accusations of the officers and employers of the government as well as memory of one of the attorneys in this regards have been mentioned.

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Validity of Judge’s Science in the Claims

Ayatollah Mohammad Momen

Member of the Jurists of Guardian Council and Member of Board of Trustees of Ghom University

Third Part

Third part of article of “Validity of Judge’s Science in the Claims” continues “A Review on Proofs of Validity of Judge’s Science” and also sets forth “Opposers Proofs of the Judge’s Science Reason”, “Criticism of Narratives Related to Non-Reason of Judge’s Science” and “Conclusion”.

It has been mentioned in the conclusion that judgment and some of the narratives in this regard emphasize on science of the judge and there is no reason for its contradiction. So the judge’s science is one of the proofs for claim proving.

It shall be inserted that both of “People’s Right” and “God’ Right” are important equally.       

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Commission

Questions and answers of the legal department of the Judiciary is about new law and the third part of it in this issue is about investigation competence of the crimes of 15-18 years old persons, competence of the dispute settlement councils, investigation of the deputies crimes, direct competence of the court, competence of investigating authority for objection of supporter to the public prosecutor order, investigation of the juvenile crimes, competence of the revolution court, order for collection of amount of bail and pawn, tariff of attorney’s fee, barring to exist of the accused, barring to transaction of the accused, writ of attachment, etc.

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City of Ray Justice Administration

Second Part

This is the second part of City of Ray Justice Administration that continues with interviews of the judges of this judicial unit.