Editor in Chief"s Note
 

In relation with the issued instructions in the direction of removal of proceedings prolongation which is one of the cases that has precedents in the age of the judicial system, we have apparently achieved 4 analyzed ways:

A-       Referring

B-       Guidance

C-       Semi-Judicial Institutions

D-       Councils  

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A Selection of Latest Legal Approvals

q       Articles and Notes annexed to the Procedural Law of Administrative Justice Court

q       Verdict No. 357 of General Board of Administrative Justice Court regarding cancellation of Note 6 of Article 42 of Employment By-Law of Scientific General Board of Medical Sciences Universities

q       Law for Investigation of the offenses and crimes in the nationwide examinations

q       Comprehensive Plan of proceedings lengthening removal – Instruction No. 1

q       Precedent verdict No. 681 dated Oct. 18, 2005 of General Board of Supreme Court concerning Article 1 of Law for Nationalization of the Country Jungles approved in 1962

q       Amendment of By-Law for Public Prosecutor’s Offices and Courts for the Clergymen

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Disciplinary Warnings

q       Degradation of one judicial degree due to issuance of order of the accused work continuation prevention up to introducing to the court in Judgment No. 282 dated Sept. 26, 2003, drawn up by branch…. of Judges’ Disciplinary High Court

q       9 case of disciplinary violations in two trials cases (legal and penal), one of them is issuance of summons without time limitation and has been misused by the complainant after the accused acquittal – Judgment No. 237 and 238 dated Aug. 11, 2004, drawn up by branch….. of Judges’ Disciplinary High Court

q       Deduction of one eighth of salary for 3 months due to three cases of disciplinary violations in Judgment No. 320 dated Oct. 14, 2004, drawn up by branch … of Judges’ Disciplinary High Court

q       Disciplinary violation because of the fact that the judgment has declaratory executive aspect and has been kept on file. – Judgment No. 427 dated Dec. 5, 2004, drawn up by branch…. of Judges’ Disciplinary High Court        

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One Vote, One Experience

-Argument of the court of first instance regarding voluntary waste of the tenant in the property object of lease and issuance of eviction decree

-Argument of the court of appeals in voluntary waste refutation of the tenant and reversal of initial judgment

1.       Judgment No. 396-397-398 dated June 21, 2004, drawn up by branch …. of Tehran Public Court of Law

2.       Judgment No. 1401 dated Feb. 10, 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:

332- What is the purpose of verdict for stop of offensive operations subject of Clause 1 of Article 690 of Islamic Punishment Code?  

The ones who believe that the judge shall issue the necessary verdict for stop of the offensive operations by observance of the current status and sometimes changing the status to the previous one, please announce their opinion.

Unanimity of votes of members of the current commission in the session dated May 26, 2005 is positive.

It is approved.

333- Which penal title is considered for carrying the imported liquors?

Opinion of unanimity of votes of members of the current commission in the session dated May 26, 2005

Regarding the question subject it shall be said that carrier of the liquors may be importer of them from abroad that is an independent crime. In this case his action is considered as smuggling or will be subject of Article 703 of Islamic Punishment Code and this is a subject that will be set forth in a separate question (question 340) in the future commission sessions but the question answer: as the mere carrying liquors (whether internal or imported) is an independent crime, it will be subject of Article 702 of Islamic Punishment Code.

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Writing Criticism of One Verdict

Mohammadreza Khosravi

In this issue, the writer emphasizes on the fact that the judges shall pay attention to the contents of the verdict as well as format and appearance of it. In this issue no verdict has been studied.

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Article

A Survey on Child Rights Treaty

Dr. Mir Mohammad Sadeghi

Importance of child rights treaty is for the fact that though the government of the Islamic Republic of Iran has jointed to this treaty by right of condition and reservation and based on the civil law it is a part of our internal rights and can be relied on by the judges; It seems based on the convention contents; the Iranian government is bound to draw up the laws in some cases in direction of the convention goals. In this regard some drafts have been prepared in relation with misdemeanant juvenile court as well as juvenile support law and are in process of performance. Regarding the Iran reservation right, some of the governments set forth objections. Some of the governments stated that: “the reservation condition set for the treaty by Iran provided that they are not contradictory to the canonical judgments, is an excuse for Iran government so that it can ignore the convention contents in any manner and relies on its canonical judgments” while some of the other Islamic governments have set the similar reservation in more special way, for example regarding the adoption of child, some of the Arab governments explicitly stated that: “the authorities set reservation for this subject in the limitation of the canonical judgments because they are incompatible with the canonical judgments.

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Article

Arbitration Procedure

Written by Dr. Morteza Yousefzadeh

From among the methods of dispute settlement, one of the peaceful methods which is common before the governmental judgment in the human societies and up to now is taken parallel to the governmental judgment and its importance is increasing, is arbitration which relies on the private contract.

Nowadays, arbitration plays a remarkable role in the international trade because in the international trade, the parties have different nationalities and often no of them are interested in investigation in the concerned court of the other party and by virtue of national law of that court. In the meantime, these types of actions have specialized aspects as well as necessity of fast investigation and finally reserving the occupational secrets is important in them and governmental open and formal proceedings is not compatible with these actions, for this reason, the contract parties prefer to settle their disputes by arbitrator and as per the concerned regulations and this is a belief that in the arbitration, the justice is executed in the manner that is agreeable for the parties and based on laws deemed proper by the parties for their relations. For this reason, in the international commercial contracts before any dispute is made, the parties decide that the disputes resulted from the contract are referred to the arbitration and the governing law and the arbitration location and the common language are determined in advance in the manner that nowadays arbitration condition in the international contracts is one of the certain conditions.        

Though a century has passed of approval of the arbitration regulations in our country, this method of investigation is not common in the official manner and whatever is common between the people from the old times and now is continuing is a traditional method.

Herein it has been tried that arbitration as a scientific and professional method relied on the legal rules is studied in a simple language used for the non-jurist persons. In this thesis, basis of the research is mainly arbitration regulations of Procedural Law of Public and Revolutionary Courts in the Civil Affairs approved in 2000 and International Arbitration Law approved in 1997 and the Iranian resources.

The first chapter of the thesis is allocated to the generalities such as methods of dispute settlement and their differences with each other, historical record and definitions.

Chapter One

Methods of Dispute Settlement        

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Foreign Part

Report of Japan Travel

Movement to decreasing appearance of judge in disputes settlement  

§          Stages of criminal procedure of Japan-research

§          Stages of criminal procedure of Japan-trial

§          Court Organization

§          Form of judgment

§          Courts

§          Court Employees

§          Summary Statistics

§          Time of procedure

§          Status of judgment and law education in Japan

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Historical

This is the history of conviction of Mr. Ebrahim Zanjani, director of endowments.

Haj Mirza Shamsololama and several other persons complained against Mr. Zanjani who had confiscated the endowed property allocated to them. They referred to the court and the court passed a judgment for them but…….  

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An Introduction to Cyber Terrorism

Mohammadhassan Deziyani

The purpose of this article is basic acquaintance with cyber terrorism as a group of crimes under cyber crimes group. Then 15 notes have been inserted regarding the cyber attacks. At the end 6 notes can be mentioned as beginning of penal issue of cyber terrorism. In the next issue, cyber terrorism issue will be set forth. 

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Legal Bill of Social Punishments

Last Part

Article 10

Correct execution of social punishments depends completely to the effective institution and expert manpower. Experiences of the other countries in this regard show that lack of necessary manpower and insufficiency of the presented educations for the officers and assistants executive of these plans have been of the most important factors of social punishments nonsuccess.

The necessary manpower in this article are A) Judicial Personnel  B) Office Personnel

A Glance on the predicted authorities for the judge of social punishments execution in this bill shows this necessity:

1.       Increase of the control period in case of unjustified offense and imprisonment in case of its repeat (Article 12)

2.       Decrease of control period or dispensing with some of the orders (as mitigation) in case of correction in the behavior of judgment debtor (Note of Article 12)

3.       Foresight of quality of supervision on the judgment debtor and his control (Article 14)]

4.       Specifying the location and quality of public services (Article 18)

5.       Suspension of public services or their change to the other social punishments (Article 19)

6.       Adding the hours of public services in case of unjustified offense and imprisonment in case of its repeat (Article 20)

7.       Imprisonment for the remaining days in case of refusal of payment of daily cash fine (Article 23)

8.       Granting more respite for payment of daily cash fine and in case of necessity its change to the other social punishments (Article 24)

9.       Adding the term of deprivation of civil rights in case of unjustified offense and imprisonment in case its repeat (Article 28)