Editor in Chief"s Note

In 2005, a by-law including 247 articles and 108 notes in execution of law for change in supervision of prisons was approved by Chief of the Judiciary such as:

-          To introduce the children and youth less than 18 years old to the Institution (Article 17)

-          The judicial, security, military and disciplinary authorities are prohibited from having the private prison. (Article 22)

-          Working of the convicted persons (Note of Article 61)

-          The convicted are not needed to wear special cloths unless by recognition of head of the prisons organization (Article 90)

-          To insure the convicted persons (Article 117)

-          Bar Association can construct a room in each prison by its expense and opinion of the Organization which is allocated for visit of the attorneys of the justice administration with their principals (Note 1 of Article 187)

-          Financial and spiritual support of the convicted ready for return to the society (Article 244)

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A Selection of Latest Legal Approvals

-          Ownership of garden belonging to the individuals for construction of the office is not subject to Article 5 of Urban Land Law.

-          Amendment of Article 18 of Executive By-Law of Narcotics Control Law

-          Clauses of executive rules of budget of the year 2006 of the country

-          Precedent verdict No. 685 of General Board of Supreme Court concerning destruction of natural resources and the environment

-          Precedent verdict No. 686 dated May 15, 2006 of General Board of Supreme Court concerning dispute settlement authority between juvenile court in the judicial area of one province and penal court of the same province

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Disciplinary Warnings

q       Judgment No. 506 dated Feb. 13, 2006, drawn up by branch No. … of Judges’ Disciplinary High Court: Issuance of  writ of rejection of plaint of revision of one of the judgment debtors for this reason that the other convicted persons have not taken measure regarding rectifying the defect of the said petition and … it is violation.

q       Judgment No. 411 dated Dec. 12, 2005, drawn up by branch No…. of Judges’ Disciplinary High Court: accusation explanation (fraud) to the accused person without accusation proofs explanation is violation.

q       Judgment No. 431 and 432 dated Oct. 4, 2005, drawn up by branch No. … of Judges’ Disciplinary High Court: Disciplinary condemnation for inappropriate penal security obtaining

q       Judgment No. 492 dated Jan. 30, 2006, drawn up by branch No. … of Judges’ Disciplinary High Court: Adjournment of meeting of proceedings without mentioning legal reason is violation.

q       Judgment No. 494 and 495 dated Feb. 6, 2006, drawn up by branch No. … of Judges’ Disciplinary High Court: Execution of the arbitrator verdict against governmental institute (regarding the case of State Corn Organization) without the fact that the subject of referring to the arbitration according to regulations of article 457 of law of subject of referring to the arbitration according to regulations of article 457 of law of public and revolutionary courts in the civil affairs has been performed by approval of council of ministers, is violation.       

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One Vote, One Experience

One vote, one experience of this issue is regarding dispute settlement after dispute occurrence or without dispute occurrence

Please pay attention to the following verdicts in this regard:

1.       Verdict No. 393 dated Dec. 18, 2005, drawn up by branch No… of Supreme Court located at Ghom

2.       Verdict No. 499 dated Mar. 12, 2006, drawn up by branch No…. of Supreme Court located at Ghom

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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:

352- If two persons are partners of business license and key money (without the fact that they are owners of object of lease) and one of them claims for eviction or ejection against the other partner, can the said claim be filed? 

Opinion of unanimity of votes of members of the current commission in the session dated Mar. 2, 2006

First of all- Ownership includes corpus and usufruct that the said two persons are owners of the usufruct. Second- There are two presumptions in the question. First, as inserted in the question, two partners are jointly working as a result they have key-money right, so their possession is not unlawful so that the action of ejection is brought and in case of having the other disputes such as financial or nuisance and prevention, the subject will be investigated as per the regulations but the second presumption is that maybe one of the partners is owner of all the common usufruct in the unlawful manner, in this case, as the aforesaid persons are owners of the usufruct, up to the time that eviction judgment is not issued upon request of the corpus owner, the other partner can bring the action of ejection. In the meantime, as the two partners have no relation regarding rent, bringing action of eviction is cancelled. 

353- Does Article 7 of The Protection of Family Act concerning determination of the competent court remain in force?

Opinion of majority of votes of the members of the current commission in the session dated Mar. 2, 2006

Except the punishment inserted in Article 17 of the protection of family act approved in 1974 which is announced as contrary to religious law by the Guardian Council, there is no explicit opinion statement regarding other regulations of the said act and on the other hand, the said act is a special act and the recently approved act of public civil procedure, also, other act which announced the express or implicit abrogation of the mentioned act has not been approved and according to opinions of some ones, as this act has been approved by protection viewpoint, it shall not be abrogated by approval of the other act, therefore, legal judgment of the above article remains in force, of course some parts of note of the said article in relation with execution of the final judgments about divorce is contradictory to single article of law for amendment of the regulations related to the divorce.  

354- Is punishment inserted in Article 541 of Islamic Punishment Law merely related to the educational tests? Or does it include the other tests such as employment and driving?

Opinion of majority of votes of the members of the current commission in the session dated Mar. 2, 2006

As importance of the tests, subject of question, is not less than the scientific tests of the schools rather they may have more importance, moreover, they have existed at the time of legislation therefore it is unlikely to say the said tests have not been considered by the legislator as a result judgment of Article 541 of the Islamic Punishment Law does not include the mentioned tests, in the meantime, it shall be said that if the purpose of the legislator was merely the educational tests, the word “other” was not mentioned so mentioning the educational institutes inserted in the said article is example, therefore, there is no doubt that judgment of article 541 of the mentioned law includes educational, employment and driving tests.

355- A tenant has transferred object of lease to the others for the same occupation without permit of transfer to the others, transferee is occupied with a new occupation in the object of lease, the owner has given petition of eviction for change in the occupation, can the eviction for change in occupation be accepted?  

Opinion of unanimity of votes of members of the current commission in the session dated May 17, 2006

In the question, two violations have been mentioned: transfer to the others and change in occupation. So if the tenant has had permit of transfer to the others and then he has taken measure, there is no violation rather in this case, the second tenant is substitute of the first tenant and filing the claim of eviction for change in occupation against the second tenant is acceptable, on the other hand, if the first tenant has not have the right of transfer to the others and has taken measure regarding transfer of the object of lease to the others, in this case as there is no contractual relation between the owner and the transferee, filing the claim of eviction for change in occupation against the transferee will not be acceptable rather the owner can file the claim of eviction for violation of transfer to the others.

356- Can the decisions of investigation board of Article 17 of stock exchange law be objected or not? If yes, who is its investigation authority and how long is the respite of objection to the opinion of the said board?

Opinion of majority of votes of the members of the current commission in the session dated May 25, 2006

The decisions, subject of question, can be objected and its investigation authority is Administrative Justice Court.

357- Regarding the recent interpretation of Guardian Council of Principal 173 of the Constitutional Law about monopoly of competence of the court concerning the governmental by-laws, who is the objection authority regarding the decisions and by-laws of the other Powers? 

Opinion of majority of votes of the members of the current commission in the session dated May 25, 2006

Regarding the recent interpretation of the Guardian Council about the competence of Administrative Justice Court merely concerning investigation of by-laws and approvals of the executive, regarding the question, no authority has not been predicted for investigation therefore the only way for performance of this relief is its announcement to the Guardian Council.

358- Is purpose of “…the property, object of bid, will be sold for any rate that it has purchaser…” inserted in Article 131 of civil judgments execution law, is sale of that property even below the assessed price? Or the purpose is sale of each rate of the property, object of bid, in case of existence of the purchaser by observance of the assessed price?

Opinion of unanimity of votes of members of the current commission in the session dated May 25, 2006

The purpose of “for any rate” inserted in Article 131 of civil judgments execution law is that part of the property, object of bid, including share, number, … that can be sold. In this case, the judgment execution can take measure regarding the same part of the said property which is saleable concerning the expertise price. It shall be mentioned that if we consider “for any rate” as any price (less than the expertise price) and take measure in this regard, it is contrary to the interest of the judgment debtor and also contrary to Article 132 of the mentioned law although the price difference is paltry.

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Writing Criticism of One Verdict

Mohammadreza Khosravi

In this issue the writer sets forth a verdict issued by Booshehr Public Courts and then criticizes it. One of these criticizes is as follows:

- Relief is not clear. Is really the relief specific performance as it has been mentioned in abstract of record? If yes, this is the question: which obligation and for whom? But the verdict description shows that defendants apparently are obliged to pay some money to the plaintiff for doing some work and now the plaintiff demands the same amount. Of course if this understanding is correct, the conviction of the defendants to the obligation performance in the end of the verdict is not successful.      

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Article

Reasons of Proceedings Lengthening and Solutions for its Prevention

By Mohammad Esmaeil Ebadi,

Second part,

Section Two – Issues related to judgment

Chapter One- Primary problems of rendering verdict

Part One- Infirmity and depreciation problems of administrative texture

Part Two – Expertise Problems

Part Three- Judicial Papers Notification Problems

Part Four - Proceedings Lengthening resulted from legal tricks of attorneys of parties to the suit

Chapter Two- Existing problems at the time of rendering verdict

Part One- Problems of some of inexperienced judges

Part Two – Insufficient education

Part Three – Non-Specialized courts

Chapter Three- Proceedings lengthening resulted from complaint of judicial decisions and non-observance of the judged matter rule

Part One - Proceedings lengthening resulted from complaint of judicial decisions

Part Two - Non-observance of the judged matter rule limits

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Article

Business Law

By Dr. Akhlaghi,

Third Session,

Letter of credit is a deed which is issued by the bank upon request of the customer and is confirmation of an amount to the account of a certain person or to the order of that person. The beneficiary undertakes to pay or accepts to pay the sum of the commercial papers of such a person or permits the other bank to pay or promotes the sum of such a commercial papers. Usually the payments in the transactions are through three ways: 1. Bank Bill, 2. Drafts, 3. Letter of Credit (L/C). Letter of credits are divided into two types: 1. Revocable letter of credit & 2. Irrevocable letter of credit

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Foreign Part

Report of Travel to Singapore

Third Part

In this part, two sections are mentioned:

First Section – Visit with Mr. Richard Magnus – introducing judicial organization of Singapore

A-Subordinate Courts including:

A-       District Courts

B-       Magistrate Courts

C-       Juvenile Courts

D-       Coroner’s Courts

E-       Small Claims Tribunal

Then Competence of courts under subordinate courts are set forth:

1.       District Courts

2.       Magistrate Courts

3.       Family Courts

4.       Juvenile Courts

5.       Small Claims Tribunal

Then competence of the special courts are set forth:

1.       The commercial courts cluster

2.       The criminal mention’s courts

3.       Judgment rendering central courts

4.       The special sentencing courts

5.       The night courts

6.       The filter Courts

7.       Driving offenses courts

8.       Coroner’s courts

9.       Special centers

10.    Islam divine law courts

B- Supreme Court including:

1.       Appeal Court

2.       High Court

Second Section – General deduction of me of the fundamentals and success reasons of Singapore courts in corruption control and obtaining general confidence

1.       Cultural and social grounds

2.       Training judges and employees and earning their livings

3.       Making of necessary laws for decreasing cases entrance to the court and quality of the investigations   

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An Introduction to the Iran Penal Policy Regarding Cyber Crimes

Mohammadhassan Deziyani

First Part:

Cyber crimes are of the crimes which are new and resulted from modern technology. Considering to these two points: to be new and resulted from modern technology, has many effects in any criminal analysis. These two points are effective when the subject is limited from general to the partial that is international to national. Cyber criminal phenomenon has been initiated about half century ago and the countries engaged in it gradually, but speed of them to this new criminal phenomenon is not similar. Some of the countries have engaged in this criminal phenomenon very soon (such as Germany, America, England and …) and some of them very late (such as countries of Middle Asia and some of the Middle East countries and …). Result of this affair can be observed in the form of compilation, non-compilation of the criminal policy of the cyber crimes, concerning the concerned country. Maybe if it can be talked easily about the criminal policy and its types in the other penal fields, it is not easy and even possible in the cyber crimes.

In this text, which is really an introduction to criminal policy of the cyber crimes, free from Iran or other country, the writer does not intend to be engaged in the subjects comparatively.