Editor in Chief’s Note   

This is the speech of Mr. Haddad Adel, the Islamic Consultative Assembly President, in the writers’ gathering in the office of deputy in education of justice administration of Tehran province. In this gathering, those elected in the educational courses were appreciated. Mr. Haddad Adel in a part of his speech stated that: “Honor of each society depends on status of the judiciary in that society. If the judiciary is not successful in the justice execution, no excuse is acceptable for the people. Education is not limited to a certain period. Education is successful when the man knows how to learn during all his
lifetime…” At the end, he expressed his appreciation for the judiciary, especially justice administration of Tehran province, endeavor in the educational affair.
_____________________________________________________________________

A Selection of Latest Legal Approvals
A Selection of Latest Legal Approvals
Precedent Verdict No. 690 dated July 25, 2006 of General Board of Supreme Court concerning finality of court verdict rendered in investigation of objection of writ of non-prosecution.
Law for extension of experimental execution term of Islamic Penal Code►Law for facilitation of drawing
up documents in Notary Public
Offices►Verdict No. 270 of General Board of Administrative Justice Court concerning tax calculation of the rented properties Precedent Verdict No. 689 of General Board of Supreme Court concerning limits of competence of Verification Branches of Supreme Court Verdict No. 221 of General Board of Administrative Justice Court concerning issuance of official verdict of the persons who completed their experimental period Verdict No. 186 of General
Board of Administrative Justice Court regarding
cancellation of Articles
3, 11, 12, 14, 15, 16,
21, 22, 23, 24, 26, 27, 30, 35, 36 and 43 and Note 3
- Verdict No. 298 of
General Board of Administrative Justice Court concerning ca
ncellation of a part of
insurer affairs book of
social security
organization in 2001
_____________________________________________________________________

Disciplinary Warnings

►Judgment No. 468 dated Sept.
28, 2004 of Board of Appeals of Judges Disciplinary court:
Merely the judgments of Judges Disciplinary High Court with degree 4 and higher can be revised in the
Disciplinary Appeals Board.
►Judgment No. 370 dated Nov. 8, 2004, drawn up by branch No…. of Judges’ Disciplinary High Court:
Issuance of writ of cancellation of
plaint due to non-participation of the plaintiff in the first
session of the
proceedings is violation.
►Judgment No. 535 dated Jan. 24, 2006, drawn up by branch No. … of Judges’ Disciplinary High Court: Issuance of injunction about non-employment of the wife is disciplinary violation because first of all the subject is not of the affairs which have urgency, second, result of such an injunction (without substantive investigation) is execution of verdict before issuance…
►Issuance of verdict of acquittal for the judge objector to the writ of suspending of disciplinary prosecution as described in Judgment No. 340 and 341, drawn up by branch No. … of Judges’
Disciplinary High Court.
►Traverse of an
indictment and
issuance of verdict of acquittal of
associate justice of court of appeals as described in Judgment No. 466 dated Jan. 7, 2006, drawn up by branch No. … of Judges’ Disciplinary High Court.
_____________________________________________________________________

One Vote,
One Experience

►Judgment No. 20/142 dated June 21, 2006, drawn up by branch 20 of Supreme Court in the position of Dispute Settlement in Competence:
Investigation for crime of member admitting in the pyramidal
company, which their activity is prohibited by virtue of law, is within competence of public and revolutionary prosecutor’s office, district of misdemeanor
occurrence.
_____________________________________________________________________

Around the Table

The following questions were discussed in the around table, the commission majority or unanimity of votes are as follows:
362- In the crimes of which appearance of the accused attorney is obligatory in the court session, if the accused has escaped and is not arrested and bill of indictment has been passed by default, can the court appoint an attorney directly and investigate?

Opinion of the members of the current commission in the session dated July 27, 2006
There are three opinions in this regard.
-First Opinion: Concerning the question, the court measure is correct but the rendered verdict passed by default (ten persons).
-Second Opinion: Measure of the court is correct and the rendered verdict passed in presence because the court appointed attorney same as the appointed attorney has all the legal authorities in defending his principal and has no difference with the appointed attorney in this regard (ten person).
-Third Opinion is the minority opinion.

363- Is the authority for investigation of objection of pawn forfeiture by the public prosecutor, public court or court of appeals?

Opinion of the members of the current commission in the session dated July 27, 2006
First Opinion (Majority): Amendment Law of Public & Revolutionary Courts Establishment Law approved in 2002 only sets forth the authorities of public prosecutor and Article 16 of the said law has inserted the investigation manner in the courts as per regulations of the relevant procedural law too so in answering the question, it shall be said that regarding the current regulations and non-having the clear text in this regard, article 143 of Criminal Procedure Code is binding and it remains in force up to approval of the new law and the courts of appeal are entitled to accept the objection regarding the orders of pawn confiscation or payment of amount of bail and collateral.
364- If there is condition that the wife is attorney of husband for divorcing herself by election of type of divorce, is mentioning marriage portion granting and attorneyship in grant acceptance necessary?

Opinion of unanimity of votes of members of the current commission in the session dated July 27, 2006
As per the purport of article 1119 of civil law “the parties to the marriage contract can add any condition which is not contrary to the said marriage requirements …” and article 671 of the said law states “attorneyship in each affair requires attorneyship in its necessities and preliminaries …” according to the above insertions and as in the question, type of divorce is selected by the wife that is, she has attorneyship in Khole divorce so it can be said that based on the rule, permission in an affair is permission in its necessities too. She has power of grant acceptance and there is no need for the other attorneyship in the grant
acceptance.
_____________________________________________________________________

Writing Criticism of One Verdict
Mohammadreza Khosravi

At the last days of Aug. of this year, an assembly was held consisting of the young judges of Khorasan Justice Administration in which legal writing rule was set forth and I accepted the request of educational authorities of that department so I was there for a week. After many talks with the goal of correct writing, I reminded the colleagues that “If you observe any kind of good or bad judgment concerning writing rules, send a copy to me.”
Now, I request you the same, so send me them through “Ghezavat Magazine”.
For writing criticism of this issue, it is better to mention a sentence of a verdict recently written instead of writing a complete verdict. This verdict rendered by Khorramdarreh Public Court on Aug. 21, 2006.

_____________________________________________________________________

Article
By Mohammad Esmaeil Ebadi,
Last part,
Part Three – Approval of laws for decreasing case in the courts
Chapter One – Settlement of some of disputes through non-justice administration authorities such as dispute settlement board and bar and experts associations
Chapter Two – Disputes settlement through arbitration
Section Two – Removal of problems related to the society and the lateral problems
Part One – Correction of the problems related to the law
Chapter One – Removal of the offices problems in the manner of inquiries reply
Chapter Two – Encountering with the administrative texture decay
Part Two – Removal of non-deniable invisible obstacles
Chapter One – Unjustified recommendation
Chapter Two – Decays removal
Chapter Three – Creation of motive for judicial accurate investigation
Conclusion.
_____________________________________________________________________

Report of Criticism & Evaluation of Operation of France Police Against
Human Rights and Judicial System Negligence in Justice Execution
Source: International Amnesty Report
Nowadays, in all the countries, behavior of police with the people is evaluated as one of the important criterion of human rights observance. Regarding this very important role of police, most of the countries that pay attention to the people’s rights, try in the general policies of the country to supervise manner of police management, necessary possibilities and equipment of the police, manner of relation with the judicial authority in the position of bailiff, different educational courses for operation improvement, expanded and continuous supervision on police activities, decisive treatment with the violations, protection of police specialized trade unions formation so that people have sense of security and the criminals and offenders have no remarkable mobility opportunity. Despite of the serious endeavors in many of the world countries for improvement of police operations, still in many of the world regions, the people are not satisfied with their country police function. It is evident that concerning this status, this commitment and obligation shall be undertaken by the governments so that by serious planning, remove the police problems and provide the police real place by necessary support and supervision in their country. This report that compiled by Internal Amnesty Organization, is a view of France police function and shows that concerning the police violations, they cannot perform their duty correctly and this affair causes that a serious worry to be created for the human rights observers.
_____________________________________________________________________

Report
Determination of purity percentage of narcotics and collection of pros and cons reasons
By: Abbas Yazdani, Assistant to the Public Prosecutor General of Branch 2 of Opinion Declaration of Public Prosecutor’s Office of District 7
(Revolutionary) of Tehran
Inquiry
The Honored Secretary of
Expediency Council of Islamic Republic of Iran
In the judicial investigations of crimes of narcotics, during the last several
decades, always the judges take measure differently concerning determination or non-determination of purity of the
narcotics and despite of the problem, in the law for amendment of narcotics
control approved in 1997 of that
council, this subject has been left
unsaid again. Now, as this subject leads to
difference of function in the
Public Prosecutor’s Offices and Islamic Revolutionary Courts, for observance of judicial justice, it is necessary that گhonored legislator take measure concerning interpretation and
presentation of sound policy promptly, but for illustrating the subject, first of all the reasons of the minority group, the cons of d
etermination of purity and then the reasons of the majority group, the pros of determination of purity have been presented.
_____________________________________________________________________

Quran Gathering
Based on report of Public Relations & Communications of Justice
Administration of Tehran Province, the 6th Quran gathering in the fields of memorizing, reading and concepts of Quran was held by Deputy in
Education and cooperation of Public Relations and Communications at the office of deputy in education located at Sanaei Ave. on Sunday dated Oct. 21, 2006. In this ceremonies held by appearance of colleagues, including judicial and administrative, and their children and others, Hojjatoleslam Valmoslemin Mr. Javaheri, Deputy in Education of the Judiciary delivered a speech.
At the end, more than 200 persons of the colleagues and their children were examined separately and the higher ones prizes in each field were granted by Deputy in Education of the Judiciary.
_____________________________________________________________________

An Introduction to the Iran Criminal Policy Regarding Cyber Crimes
Second Part
Mohammadhassan Deziyani

Last Part:
In the previous issue, I set forth some of the innovations and observations about Electronic Trade Law. In this issue, I intend to state some of the available subjects in the Assembly at the time of study of this plan.
The importance of this affair is due to the fact that maybe some of the problems are solved and the main reason of some of the problems becomes clear.
Then 12 points are mentioned.
_____________________________________________________________________

Belgium
In this part, the following subjects are set forth:
-An introduction to Geographical and Historical Specifications of Belgium
-Structure of Ministry of Justice of Belgium
1.Manpower
2.Budget
A-Budget Allocation
B-Budget Strategies
C-Rate of Budget
3.Computer I.C.T.
4.Training
A-In the Beginning of the Service Trainings
B-In-Service Trainings
5.Human Right Service
6.National Institute of Criminal Research
7.Penal Policy Service
8.Information & Security Organization
9.Religious and Non-Religious Affairs
10.Gazette
11.Compilation of Bills
12.Penal Records
13.Justice Administration Houses
14.Prisons Department
A-Methods for Imprisonment Punishment Execution
1-Closed Prisons
2-Semi-Open Prisons
3-Electronic Cares
B-Belgium Prisons Status