Editor in Chief’s Note

One of the important aspects of personality of the Founder of the Islamic Republic System which set forth less is issue of the Imam Khomeini gnosticism and fear.

It seems that the important factor of heart opening is the above issues.

In this part, the editor in chief, on the occasion of 14^th Khordad (4 June) and the 16^th anniversary of honoring of passing away of Imam Khomeini, proceeded to study of his thoughts book. So he mentioned some parts of Imam Khomeini’s ideas in this regard.

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A Selection of Latest Legal Approvals

q       Bank operations without authorization is crime. (from Aug. 26, 2005)

q       Amendment Law for Article (3) of Law for 4^th Plan of Economic, Social and Cultural Development of the Islamic Republic of Iran

q       Article 614 of Islamic Punishment Law is not abolishing of Article 269 of the same law.

q       By-Law related to election of members of dispute settlement boards

q       Law for Agreement of judicial assistance in the penal affairs between government of the Islamic Republic of Iran and government of Republic Democratic of Algeria 

q       Regarding the legal obligation of assignment of the fixed organizational positions to the official persons, circular letter of employment prohibition is not legal.

q       Circular Letter to the judicial authorities throughout the country

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Disciplinary Warnings         

q       Judgment No. …. of Judges Disciplinary Appeals Board and three month of temporary dismissal from the judicial services due to rendering the disproportionate writ and asking suggesting question

q       Judgment No. ……., drawn up by Branch ………… of Judges’ Disciplinary High Court and devaluation of one judicial rank because of six cases of disciplinary violation

q       Acceptance of rehearing and substantive investigation of the case in case the main case is still under investigation in appeals stage is disciplinary violation. Judgment No…………, drawn up by Branch ……. of Judges’ Disciplinary High Court 

q       Disciplinary condemnation due to the accused persons summoning without enough reasons and non-admission of bail of the accused persons in Judgment No. ….., drawn up by Branch ……. of Judges’ Disciplinary High Court

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One Vote, One Experience

Regarding Verdict No. 472 dated Oct. 5, 2004, drawn up by Branch ……. of Judges’ Disciplinary High Court (as follows):

Which authority is competent to investigate the rehearing of verdicts of Disciplinary Court of the Experts Association?   

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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:

317- Price of relief of the principal action has been determined in the manner that can not be revised but price of relief of cross action has been determined in the manner that can be revised and vise versa, can the rendered judgment be revised in the both parts or one of them is final and the other can be revised? 

Opinion of majority of votes of the members of the current commission in the session dated Sept. 23, 2004 (Mehr 2, 1383)

According to Article 141 of Procedural Law of Public and Revolutionary Courts in the Civil Affairs “defendant can bring an action against claim of the plaintiff, in case such an action has one origin with the main action or has the full relation is called cross action and are investigated together…”

First, regarding the question, as one of the two actions are more than the sum of Rls. 3,000,000/-, the court renders any judgment, judgment debtor, whether is plaintiff of the main action or plaintiff of the cross action, can object to the judgment. Second, concerning the above mentioned legal text and the phrase “are investigated together” inserted in the said article, it can be said that the purpose of “are investigated together” is the two stages of primitive and appeals investigation because these two actions cannot be divided and decision making in each one is effective in the other and practically it cannot be imagined that court of appeals, having one related judgment, gives opinion only concerning one part of it, so according to the above aspects, the said two actions shall have one destiny in the appeals stage. In the meantime as per Article 243 of Procedural Law of Public and Revolutionary Courts in the penal affairs regarding the revisionism of penal judgments and action for damages, in case they are rendered together, if one of them can be revised, the other can be revised too.       

318- If a person copies a signed blank sheet and writes a text on it and copies it again and then his attorney confirms the authenticity of the mentioned copy with the original and presents it to the judicial authority, under which title the said persons (the attorney and the principal) are criminally prosecuted?   

Opinion of majority of votes of the members of the current commission in the session dated Nov. 25, 2004 (Azar 5, 1383)

The principal’s measure is subject to Article 673 and the attorney’s measure is subject to Article 540 of Islamic Penal Code.

319- Is request of eviction of commercial places due to different aspects (for example personal need or building renewal and encroachment and negligence or assignment to the others) hearable in one petition? 

Opinion of unanimity of votes of members of the current commission in the session dated Nov. 25, 2004 (Azar 5, 1383)

If the plaintiff mentions the aforesaid different aspects in one petition, as these aspects do not have the same nature and each one has separate legal effects and investigation method, the result is that purpose of the plaintiff in the submitted petition is not clear in this case the court cannot prefer one of the said aspect to the other or investigate all of them together because in case of investigation of and proving all of them, regarding the fact that legal effects of each one is different with the other (for example belonging business license or its lack), the court is hesitant in rendering judgment and election of one of them so filing suit of eviction in one petition is not possible due to the above mentioned aspects therefore in case of filing such a suit, the subject is of the examples of remedy the defect and the court mentions the defect aspects as per Article 66 of the said law so that the defects are announced and removed.  

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**Report 1

Educational System in Italy

In this part, the writer sets forth the following:

Pre-University Studies

University Studies

Academic Courses

1.        Diploma Universitario (DU): The First Level of University Studies

2.        Diploma di urea: The Second Level of University Studies

3.        Diploma di Specializzazion: The Third Level of University Studies

4.        Dottorato di Ricerca (DR):

Manner of Evaluation of the Academic Certificates

Introducing Universities and Higher Education Centers in Italy

A)      Universities and Higher Education Centers in Italy, grade 1 (Distinguished)

B)       Universities and Higher Education Centers, which are confirmed by Ministry of Universities, Research, Sciences & Technology of Italy.

Table for Evaluation Quality of Academic Certificates of Universities of Italy 

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**Report 2

A Criticism on Amendment Bill of Regulations of Drawing up and Registration in Notary Public Office

Parviz Rezaei

Title of the said bill reminds principal amendments concerning deeds registration regulations, which aged 60 to 70 and needs the general amendments. In this case, compilation of a seven-article law concerning the necessary documents for drawing up some of the deeds related to the immovable properties or permission of drawing up transfer deed of mobile or telephone by notary public office, cancels the said expectation. A glance on the amendment bill of regulations of drawing up and registration of deeds in notary public offices, which its generalities were set forth in the first reading of judicial and legal commission of the Islamic Consultative Assembly by appearance of the concerned members of the parliament and approved, confirms this claim.       

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Writing Criticism of One Verdict

Mohammadreza Khosravi

In this issue, 4 summoning notices, all printed in one of the newspapers are inserted and then they are criticized. Each of them, separately are criticized and their problems are mentioned.

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A Criticism of the Criticism

One of the readers of this magazine in this issue criticizes the “Writing Criticism of One Verdict”. This is the criticism of the “Writing Criticism of One Verdict” in 29^th issue of the magazine. The problems, literary or grammatical, are mentioned respectively.

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Prevention of Proceedings Prolongation in the Current Legal System (Applied Suggestions of Court of Appeals of Tehran Province)

Second Part

Second part of the applied suggestions of Court of Appeals is about proceedings prolongation.

-Publication of the monthly statistics is not correct. – Determination of judges in service training – Classification of the judicial errors is of the suggestions.  

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What shall be paid by the misdemeanant as well as blood money

Ayatollah Mahmoud Hashemi Shahroudi

First Part

In this regard we study three important subjects.

1.        Is the misdemeanant guarantor for the medical expenses, if they are more than blood money?

2.        Are the other losses of the oppressed, in the job, etc. undertaken by the misdemeanant?

3.        Shall the misdemeanant pay the litigation and judicial settlement expenses?

Of course the third issue is not only in the criminal petitions and includes all the cases of civil litigation.

ü        The result: the misdemeanant is guarantor of medical expenses extra to the blood money. Of course it can be possible that if the medical expenses are more than blood money, the oppressed shall be paid a right more than expenses too; because it can be understood of the blood money reasons that deficiency of limbs or their using as well as pain itself create a right for the oppressed person. Now if we accept this issue confidently, so the misdemeanant is guarantor of the blood money as well as the medical expenses, of course if any deficiency and pain remains in his body and in this case the quality of determining this rate shall be studied too.     

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Cyber Crimes

Written by Mohammad Hassan Deziani 

Third Part

This is the continuation of the previous part and the writer intends to explain the following:

B- Penal Aspect

A-      Public Substantive Penal Aspect

B-       Private Substantive Penal Aspect

1.        In crimes against the Individuals Intellectual Entirety

2.        In crimes against Public Tranquility

3.        In crimes against Property

4.        In crimes against Unchaste Affairs 

5.        In crimes against Money Laundry

6.        In crimes against Smuggling

7.        In crimes against Narcotics

8.        In the other crimes

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Historical

In this issue, the historical part under title of The Attorney of the Accused Speech in the Court is allocated to the lecture of Mr. Ahmad Kasravi, the attorney of Sarpas Roknoddine Mokhtar.

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Commission

Point 44 – Crime of sexual foreplay investigates directly in the court.

Point 45 - In case the family court is not convened in the city justice administration, judges of public courts of that city can investigate the subjects which are within competence of the family court.

Point 46 - Quality of dispute settlement between two public penal courts in case of non-establishment of public prosecutor’s office

Point 47 - If writ of non prosecution issued by public prosecutor’s office is quashed by the court

Point 48 - Recognition of necessity and determination of its cases are undertaken by Chief of the Judiciary or the authorities authorized by him.

Point 49 - Participation of public prosecutor or his representative in the court session

Point 50 - In case of referring the case, the judge cannot refuse of performance of duty.

Point 51 - Wound retaliation (committing intentional battery) is within competence of penal public court.   

Point 52 - The court is not bound to obeying the documented articles of public prosecutor’s office in bill of indictment.

Point 53 – Competent authority of dispute between the interrogator – public prosecutor.

Point 54 – Sending the case to the court for dispute settlement

Point 55 – It is better that the rape cases to be initiated in the penal public court. 

Point 56 – Objection to writ of non-prosecution regarding crimes within the competence of penal court of the province

Point 57 – Penal court of the province is the same court of appeals

Point 58 – Article 327 is abolished.

Point 59 – The investigating authorities continue investigating the case, which was under investigation before amendment of law in the courts and branches of Supreme Court, but at the continuation of investigating, the regulations of the law, recently approved at Oct. 20m 2002 shall be observed.

Point 60 – In the court of appeals, appearance of public prosecutor or one of assistants to the public prosecutor general or his deputies is necessary.

Point 61 – In case of non-existence of the actual property resulted, it shall be taken measure as per the regulations of the civil judgments execution.

Point 62 – Cancellation of the deed and its drawing up in the name of the person incurring a loss need submission of petition.

Point 63 – Asking the murderer about selection of type of blood money is undertaken by the court.

Point 64 - As the judgment has not been executed, taking and adjustment of a bail-bond is possible.

Point 65 – Stopping execution of imprisonment subject of Article 291 of Criminal Procedure Code due to the said reasons in this Article does not mean suspending execution of judgment.

Point 66 – Stay of execution of judgments

Point 67 – If public prosecutor’s office is established, sending the case to the judgments execution is not necessary.

Point 68- Authority for judgments execution of the children  

Point 69 – Confiscating amount of bail or pawn is executed as per regulations of civil judgments execution.

Point 70 – Regarding pawn, there is no difference between movable and immovable properties.

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Special Report

In this part, Mr. Yavarzadeh, one of the judges who is about to retire has been interviewed. In the first part of his interview, he has been asked about his biography and the problems of his job he dealt with.