Editor in Chief"s Note
Editor in chief in this issue, in fact bids farewell to month of Ramezan by some mystical sentences and in the middle of this farewell, he says prayers. Then he mentions one beautiful poem and one tradition in this regard.
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A Selection of Latest Legal Approvals

 Instruction of trade dispute settlement councils
 Executive by-law of issuance of agricultural lands title deeds
 Applicability of conditions of technical in charge of the pharmacy to the founder of the pharmacy is not legal.
 Circular letter to the judicial units through out the country
 Reply of submitted petitions to the court by independent governmental units directly and indirectly is permissible.
 In case of unjustified absence of the accused when his presence is needed, public prosecutor takes amount of bail and the pawn is forfeited.
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Disciplinary Warnings
 
 Judgment No. 156-160 dated May 21, 2005, drawn up by branch … of Judges Disciplinary High Court regarding 14 violations in three cases
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One Vote, One Experience

Judgment of court of first instance: regarding belonging of delay of payment concerning the demanded rental value
Judgment of court of appeals: demand of delay of payment from rental value will be demand of loss from loss which has no legal popularity.
1. Judgment No. 1244 dated Oct. 21, 2004, drawn up by branch …. of Tehran Public Court of Law
2. Judgment No. 402 dated June 16, 2005, drawn up by branch …. of Tehran Province Court of Appeals

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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:

328- Does acceptance of demand for rehearing, subject of clause 7 of article 426 of civil procedure of public and revolutionary courts in the civil affairs need proving in the court and the applicant shall request for rehearing by presenting judgment concerning proving documents concealment?


Opinion of unanimity of votes of members of the current commission in the session dated Apr. 21, 2005

Rehearing subject of clause 7 of article 426 of civil procedural law does not need its previous proving in the court due to the following reasons. First of all the phrase “it shall be proven” inserted in this clause means that the claim of concealment the documents presented by the applicant shall be investigated substantively in the competent court. Second, article 430 of the said law provides for clause 7 of article 426 which prescribed that: “whenever reason of rehearing is the concealed documents, beginning of the respite is calculated from date of delivery of documents or its information. The mentioned date shall be proved in the court that investigates the request.” It is inferred that the competent court investigates delivery date of the documents as per the contents of the said clause and obtaining observance of the legal respite for submission of petition, it investigates substantively the claim of concealment, so for the above reasons there is no need for presentation of the judgment concerning proving the documents concealment in separate form even though presentation of such a judgment in the first manner and considering the other regulations is of rehearing causes.

329- Regarding the attached note dated July 20, 1997 of article 1082 of civil law: the ones who convicted to pay the marriage portion as per the court decree, if up to its execution its rate has been increased based on annual price criterion, can its difference be demanded?

Opinion of unanimity of votes of members of the current commission in the session dated Apr. 21, 2005

First part reply: Inquiry law passed by the Islamic Consultative Assembly: “purpose of payment date is date of execution of the final decree” so the difference can be demanded up to the date that the person is indebted.
Second part reply: The ones who received their marriage portion before 1997 because the debt has been paid and cannot be demanded, another decree cannot be issued.
Third Part: In case of issuance of general decree of insolvency, in fact provisional exemption has been issued, so all the conditions predicted in the said article is executable at the time of payment of debt but if the insolvency was issued in installment, if the installments are paid at the stipulated time, there will be no modification, but in case of non-payment of the installments in the stipulated time, it is subject to payment in the daily price.

330- What are the formalities of investigation of subject of prevention of visiting the child concerning the law for allocation of some of the available courts to the court subject of principle 21 of the Constitutional Law (family) and article 14 of family support law?

Opinion of unanimity of votes of members of the current commission in the session dated Apr. 21, 2005

Clause 3 of principle 21 of constitutional law of the Islamic Republic of Iran emphasized on establishment of competent court for preserving survival of the family so single article of law for allocation of some of the available courts to the courts subject of principle 21 was approved by the Islamic Consultative Assembly in 1997 even though by virtue of clause 7 of the said single article, investigation of claim of custody and visiting children have been undertaken by this court but concerning the general competence of this court in relation with investigation of the family issues and the fact that article 14 of law for family support remain in force, it can be said that formalities of investigation of the question subject (prevention of the child visiting) are undertaken by the same court and conviction of payment of a sum from Rls. 1000 to Rls. 10000 is not considered as punishment but is considered as verdict attachments.

331- Can pawn or guardianship be accepted in the penal cases from the legal entities?

Opinion of unanimity of votes of members of the current commission in the session dated May 26, 2005
By knowing the fact that the legal entity has the legal conditions. (it was approved.)

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Writing Criticism of One Verdict

Mohammadreza Khosravi
In this issue, a judgment has been set forth which was drawn up by Dashtestan Public Court and inserted in No. 639 of Hemayat Newspaper, then 13 cases in this judgment have been criticized.

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Article

Suggestion of Penal Policy Regarding Children & Youths

Dr. Ali Najafi Tavana

1. Review of the penal policy
The present penal policy concerning guiltiness of the children and youths is not coordinated with the guiltiness phenomenon in different dimensions because:
First: formalities of investigation is subject to the general regulations. Second: investigation authority is the same public authority. Third: the court judge is elected from among the ordinary judges of the justice administration. Forth: the governing atmosphere of the penal policy is tendency to punishment. Fifth: the appropriate institutes have not been predicted. Sixth: punishment of the adults’ crimes executes for the children. The following are the solutions for the above issues:
A: Crime control B: Removing the adjudication C: Specializing the penal authority D: Creation of children police E: Formation of personality case F: Approval of support law G: Review in maturity age
2. Prediction of the plans in indefinite period
3. Determination for the substituting punishment
4. Control after exit (from prison)
5. Establishment and development of correctional and training centers
6. Organizing prevention and support police

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Article

The subject is question and answer regarding the event that is performed due to
 different causes and the criminals are different and percent of guiltiness of each is different. Most of the answers are that the blood money shall be divided between the criminals, of course if the event cannot be completely attributed to one person. Some of the jurists believe that in case of finding the rate of guiltiness, the criminal is guarantor. But if we cannot recognize the rate of guiltiness, the compromise is better and in case the compromise is impossible, the blood money shall be paid equally.

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Foreign Part
 
Report of Japan Travel
Movement to decreasing appearance of judge in disputes settlement

Third Part

 Comparison of legal population with several countries
 Civil trials
 The average time limit for investigation of civil applications
 Penal trials
 Relation of the people with the Judiciary
 Changes status in the present time
 3 change bases
 More access to the Judiciary
 Public Prosecutor’s Office in the organizational framework of the government
 Role of the public prosecutor’s office
 Stages of criminal procedure of Japan-generalities
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Historical

In this issue, the historical part is allocated to an interesting trial in which an attorney has defended his previous primary school assistant superintendent. In this memory the attorney sets forth that he could acquit his principal by grace of God after several years.

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Special Report
Special report of this issue allocates to ceremonies of farewell with Mr. Alizadeh, head of justice administration of Tehran province and acquaintance with Mr. Avaei, new head of justice administration of Tehran province.
In this ceremonies, which held by appearance of some of directors in the new hall of the press court, located at Imam Khomeini judicial complex, Mr. Mirkouhi, deputy of justice administration of Tehran province, Mr. Alizadeh, head of justice administration of Tehran province, Mr. Raeisi, first deputy of the judiciary and Mr. Avaei, new head of the justice administration of Tehran province delivered speech respectively.
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Parents Guidance for Security in Internet

Written by FBI Experts
Translated by Mohammadhassan Deziyani

Unfortunately development in telecommunication and computer technology which helps our children to achieve new cultural experiences and knowledge resources, causes them to be vulnerable against exploitation and damages by the computer sexual criminals.
This text is to be a guidance for you in understanding children online exploitation complications.
In has been tried that in this article, the parents’ awareness is increased and they are guided to control the Internet dangers.

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Legal Bill of Social Punishments

Second Part

A) Explanation of bill title: substitutions of prison or social punishments?
Although one of the goals of writing this bill is prediction of substitutions for prison, for the following reasons, title of “social punishments” has more relation with contents of bill.
1. Discussion of “prison substitution” from one hand is escape from responsibility and freedom of judicial system from penal population accumulation in prisons without considering remarks related to social security and from other hand, questioning authority and credibility of prison punishment and its preventing aspects….
2. Phrase “prison substitutions” means that in any case prison will be changed to the predicted substitution punishments….
3. Title of “social punishments” expresses the main message of this bill better. Disappointment of prison in correction of the criminals, ….
4. Another reason for preference of phrase of “social punishments” to the “prison substitutions” is that by acceptance of phrase of “social punishment”, preparations of change to the social punishments for cash fine and punishment whip but ….
5. In case that in future the legislator wants to use these punishments concerning new crimes, by acceptance of the independent title of “social punishments”, there will be no limitation in this regard while…
B) Explanation of bill articles
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Legal Expenses

Prepared by Abdollah Zamani Kiasari, Associate Justice of Tehran Province Court of Appeals

In this article, the legal expenses are exactly mentioned in details.