Editor in Chief’s Note

Importance of Documents

Editor in Chief in the direction of subject of future horizons of the Judiciary sets forth importance of documents and necessity of caring the transfers with the official documents and believes that subject of deviation of transfer with the official documents and drawing up at the notary public office and permit of documents drawing up in the form of ordinary are cause of many claims which its responsibility is undertaken by the Justice Administration.

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A Selection of Latest Legal Approvals

·          Employment Law of Disciplinary Force of the Islamic Republic of Iran

·          Verdict of judge of Single Article Commission of Lands Disputed of Article 56 of Jungles can be objected in the Public Court and Court of Appeals.

-          Precedent verdict No. 665 – Apr. 6, 2004 of General Board of Supreme Court regarding revision ability of verdicts of Single Article Commission of Land Disputed of Article 56 of Jungles and Pastures Law approved on Sept. 19, 1988

·          Comprehensive Law for Support of the Invalids Rights

·          Verdict No. 56 to 64 of General Board of Administrative Justice Court regarding:

1.        Cancellation of Clause 3 and parts (D), (F), (E) of Instruction No. K/11294 dated Oct. 18, 1994 of Ministry of Health & Medical Education

2.        Cancellation of Clause 1 and Note of Article 2, 3 and 4 of 351^st Session dated Dec. 31, 2001 of Supreme Board of Supervision on State Trade Organizations

·          Verdict No. 55 of General Board of Administrative Justice Court regarding cancellation of approval No. H28198T/14576 dated June 24, 2003 of Cabinet

·          Verdict No. 66 of General Board of Administrative Justice Court regarding cancellation of some articles of By-Law of Bill of Law for Independence of Bar Association of the Justice Administration approved in 1965 of Ministry of Justice

·          Driving license will be issued for the trucks which are going to work in the international lines by disciplinary force and suggestion of Transportation Organization.

-          Verdict No. 79 of General Board of Administrative Justice Court regarding cancellation of clause 1-5 of article 5 of articles of Association of Tourism and Automobile Driving

·          All the claims of the divorce shall be appealed to the Supreme Court.

-          Precedent verdict No. 666 of General Board of Supreme Court regarding pleading to the Supreme Court of all the divorce claims.

Structure of New Organization of the Judiciary

Structure of new organization of the Judiciary was confirmed and signed by Head of the Judiciary, Ayatollah Hashemi Shahroudi.

For information of the honored colleagues for administrative correspondence and references, the new organization is mentioned as follows:

The Judiciary includes three parts of judicial organization, affiliated organizations of the Judiciary and Ministry of Justice.

Affiliated organizations of the Judiciary include State Organization for Registration of Deeds & Real Estates, State Inspectorate General Organization, Prisons and Security and Correctional Measures Organization, Forensic Medicine Organization, Armed Forces Judicial Organization, Gazette, Faculty of Judicial Sciences and Administrative Services.

In the new organization, 11 deputy offices have been merged in 4 ones.

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Disciplinary Warnings         

§          Issuance of execution writ before finality of the judgment contrary to regulations of Article 1 of Law for Execution of Civil Judgments and breach of regulations are legal.

-          Judgment No. 129 dated June 24, 2004, drawn up by branch … of Judges’ Disciplinary High Court

§          Non-evaluation of foreign currency demanded for determination of rate of relief is offense.

-          Judgment No. 91- May 29, 2004, drawn up by branch … of Judges’ Disciplinary High Court

§          Agreement by injunction regarding prohibition of defendant’s marriage and his exit of the country in the civil case and … and without determination of possible loss is offense.

-       Judgment No. 93 to 96 dated June 9, 2004, drawn up by Judges’ Disciplinary High Court

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Justice In Islam

Hojjatoleslam Valmoslemin Abbasali Alizadeh

The last part of “Doctrine of Binding Obligation” is hereby submitted to you. The writer, in continuation, has mentioned other reasons regarding the said doctrine. He inserted 10 reasons for this doctrine, 5 of which have been mentioned in the previous part.

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One Vote, One Experience

v       Subject of Investigation: Request for proving ownership as per will

v       Investigating Authority: Branch 30 of Supreme Court 

v       Court Judgment

v       Analytical Theory of Legal Verdicts Commission

v       Analysis of Judgment No.: 1

v       Convening Date of Court Session: Dec. 7, 2003

v       Subject of Case: Proving ownership

v       Strength Points of Verdict with Analysis & Interpretation

v       Weakness Points of Verdict with Analysis & Interpretation of Criticism

v       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:

301- Does legal obligation mentioned in Note 3 of Article 3 of Amendment Law for Law of Establishment of Public and Revolution Courts cancel power of the public prosecutor’s office?

Opinion of unanimity of votes of members of the current commission in the session dated Apr. 22, 2004 Ordibehesht 3, 1383) 

Note 3 of Article 3 of Law for Establishment of Public and Revolution Courts is a reason for general competence of public prosecutor’s office provided that investigation about other aspects is not necessary and necessity of other aspects is while there are other crimes in the case in addition to the said crimes in Note 3 of the mentioned article, in this case by recognition of the public prosecutor, the case is submitted to the interrogator or assistant to the public prosecutor general therefore if there are merely special crimes related to the mentioned note, in the case the public prosecutor’s office can not intervene and the said case is sent to the relevant court by administrative order otherwise due to emergency of the investigation and necessity of collection of reasons and security measures for prevention of the accused escape, it is needed that prosecution and investigation are performed in the public prosecutor’s office and the case is sent to the relevant court by issuance of bill of indictment.

302- Can the accused be prosecuted on the strength of Article 7 (amended on Aug. 23, 2003) of check drawing law regarding all the matters set forth in Article 3 of the said law?  

Opinion of majority of votes of the members of the current commission in the session dated Apr. 22, 2004 Ordibehesht 3, 1383)

Rule of crime of drawing check in check drawing law of the year of 1376, amended in 1993 and 2003 is non-payment of the check sum which is proved by drawee bank through issuance of non-payment certificate whether reason of non-payment of check sum is lack of credit balance or defect of the signature or alteration on any other reason leads to non-payment of the check sum and issuance of non-payment certificate therefore all the proofs of Article 3, which have not been changed in amended law in the year of 2003, have title of “bad check” because goal of the said amendment has been omission of crimes of article 13. If legislator was going to omit non-paid check crime in Article 3, he would amend the said article, so the accused can be prosecuted by virtue of article 7 regarding all the matters set forth in Article 3.

303- Is there any difference in competence of the province penal courts and public penal courts of the same province?

Opinion of unanimity of votes of members of the current commission in the session dated Apr. 22, 2004 Ordibehesht 3, 1383)

Regarding the province penal court, some ones believe that this court is the same court of appeals but the others believe that concerning the differences between two courts, the province penal court is as court of first instance, because investigation in the court of appeals is not performed by bill of indictment and court of first instance does not investigate too. The rendered judgment of this court is final by two judges and can not be revised in THE COURT but as per Note 1 of addendum of Article 20 of law for establishment of public and revolution court approved in 2002 of the province penal court, it investigates primitively and accepts bill of indictment. The rendered judgment of this court is non-final and rendered by five or three judges and can be revised in THE COURT. With respect to the above matters and regarding the fact that the said court functions same as first instance public penal court, it is not considered as supreme court in comparison with the recent court but is parallel court. As a result there is difference between these two courts and authority for dispute settlement is Supreme Court as per the rule too.

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

We were supposed to make acquainted you with the world high educational system; in this issue we set forth educational system in Spain. So pre-university studies, university studies, academic courses, manner of evaluation of the academic certificates and introduction of Spanish universities are mentioned.

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Several Practical Points Regarding A Matter Adjudged in Civil Affairs

One of the legal rules is subject of “a matter adjudged” that is if a subject is investigated and results in rendering a judgment, cannot be filed again. The question is that if there is a final investigation or the court does not have inherent jurisdiction and investigates or there is no amended report or the foreign courts render a judgment, what are exceptions of the written rule? Some practical points have been inserted by the writer.   

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Writing Criticism of One Verdict

Mohammadreza Khosravi

In this part, the writer has set forth that:

1.        The judges do not have to convict the defendants to pay Dollar and Mark instead of Rls. because it is breach of legal regulations. 

2.        The judges shall write the numbers in letter at the judgment text except numbers of law articles.

3.        The judges are recommended not use some words; and replace them with another words.

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From “Classical” Criminal Justice To “Restorative” Justice

Ali Hossein Abrandabadi

Associate Professor of Faculty of Law of Shahid Beheshti University

Remunerated justice, which is supervisor of crime and rehabilitated justice which is supervisor of misdemeanant and both of them are famous as classical or traditional model of criminal justice, encounter with different protests that meet their efficiency and function at the recent decades. Restorative justice, as its adherents believe in, can settle dispute which creates with committing crime, and also can remove hostility, tension and disputes resulted between the oppressed and misdemeanant in the local society in the framework of negotiation and compromise.

In this article, criminal and classic justice properties and reasons of its non-considering and then properties of restorative justice and reason of its considering will be studied.

Keywords: Remunerated Justice, Rehabilitated Justice, Restorative Justice, Mediation, Oppressed, Misdemeanant, Society or Local Network, Restoration, Rehabilitation, Process of Negotiation, Compromise, Peace

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Commission     

In this part, opinions of the legal department of the Judiciary regarding execution of judgments, district court, and other different subjects concerning law for amendment of public and revolution court and subjects such as receiving a bribe, accident resulting in manslaughter or non-intentional committing assault and battery, judgments rendered by the Commission of Article 100 of Municipality, writ of non-prosecution, quality of referring a case in the public prosecutor’s office, deterrent punishments and judgments by default regarding bad check and the accused prosecution are set forth in the form of question and answer.

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Public Prosecutor’s Office for Investigation of Medical & Medicinal Crimes

This judicial unit is located at Motahhari Ave., Between Jam and Golriz Aves.

Its investigation competence includes standard, trade marks, technical offenses, environment, etc.

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Report of Travel of the Mission to Holland

Reza Jafari

Last Part

Last part of this report is allocated to:

Visit of an organization in the name of Office of Juvenile Probation Service in Rotterdam and familiarization of work method of this office as an example – visit of Interpol center in Hague - referring to Police Headquarter in Hague and identification with reason of organizing Youth Police