Editor in Chief’s Note

Reasons for lack of Jurisdiction of Specialized Dispute Settlement Council of Administrative Justice Court in investigating objections to the awards of Commission of Article 100
As to the jurisdiction of Specialized Dispute Settlement Council of Administrative Justice Court, I believe these councils have no jurisdiction for investigating objections to final awards of the Commission of Article 100. The reasons have been mentioned in the Note.

 
A Selection of Latest Legal Approvals

- Direction for suggesting the proper course to determine the clear instances of the judicial files, keeping of which is necessary and to assign unnecessary cases the files of which can be obliterated after a definite respite. (Instruction - Gazette No. 18777 dated Aug. 19, 2009)
- Changing the name of the Center for Legal Counsels, Attorneys and Experts of the Judiciary (Gazette No. 18771 dated Aug. 12, 2009)
- Cases of branches of the Administrative Justice Court that have been adjudicated by writ, in case of being contrary to the religious law, are referred to the issuing branch for substantive investigation after quash. (Verdict - Gazette No. 18773 dated Aug. 15, 2009)
- Powers of attorney of the attorneys of Justice Administration are valid in the non-judicial authorities and are not needed to legalize. (Verdict - Gazette No. 18775 dated Aug. 17, 2009)
- Verdict No. 409 of the General Board of Justice Administrative Court regarding the jurisdiction of Justice Administrative Court in investigation of a demand for cancellation of measures of Urban Land Organization in acquiring lands. (Verdict - Gazette No. 18775 dated Aug. 17, 2009)
- Notary public are not obliged to elect their assistants from the lists announced by the Organization for Registration of Deeds and Real Estates. (Verdict - Gazette No. 18775 dated Aug. 17, 2009)
- Issuance of execution writ of arbitration awards of stock exchange are undertaken by divisions of Executing of Deeds and Real Estates. (Gazette No. 18775 dated Aug. 17, 2009)
- Amendment of Article 686 of Islamic Criminal Law regarding the punishment of cutting off trees (Gazette No. 18784 dated Aug. 27, 2009)
- Jurists of the guardian council are subject to the law for prohibition of undertaking more than one job. (Gazette No. 18784 dated Aug. 27, 2009)
- Gratuitous assistance and aid or in form of loan to the victims. In this direction, executive rules of the assistance have been explained. The direction has been approved by Minister of Justice.

Disciplinary Warnings

in decisions of The Judges’ Disciplinary Courts & Public Prosecutor’s Office

- Assertion of an instance of prevention from a right depends on the judge’s judicial opinion and understanding.
- One claim, and so many filing in the dispute settlement council?
- Complaint of the claimant to the disciplinary prosecutor’s office on Feb. 10, 2005 – issuance of indictment on July 22, 2007 regarding rendering judgment and summoning without drawing up a writ of summons
- Written reprimand along with insertion the case in the service file of the judge due to a delay in making an inquiry from the accused, deposal from custodianship without relying on law, and hearing the case without inherent jurisdiction

One Vote, One Experience

The option to cancel a contract is not a unilateral and arbitrary affair rather it should depend upon a legal right to termination.

Around the Table

The following questions were discussed in the round table, and the commission’s majority or unanimity of votes is as follows:

415- If an applicant of blood money claims his damages three years after the debt being proven for him, which date is the criterion for payment of blood money, the date of the event or the date of payment?

Opinion of nearly the unanimity of the members in the session dated Dec. 25, 2008
The criterion for payment of blood money, is the payment date because by proving the debt, the convict is to prepare the conditions to pay whether through insurance or entrusting in the justice administration deposit fund at the legal prescribed date, if he does not pay it at the due date and any tardiness interval is established, the current price is calculated for payment unless delay is for delay in demanding it by the judgment creditor in which case the payment day is averted and its rate is determined by the date that the payment conditions have been prepared by the convict.

416- Which solution has been predicted for dispute settlement in cases of a conflict in jurisdiction in the positive form?

Opinion of nearly the unanimity of the members in the session dated Jan. 29, 2009
Conflict settlement in the positive form is in the same manner as in the regulations related to conflict settlement in the negative form. Of course it shall be mentioned that a similar question, 314, has been set forth on Aug. 27, 2004 which has been inserted in Ghazavat magazine No. 30, pages: 41, 42 and 43 in details which can be referred.

417- How can the precedent verdict No. 664 dated Jan. 20, 2004 which emphasizes on the investigation of the cases bearing an execution punishment separated from the cases of the inherent jurisdiction of the revolutionary court be added to the precedent verdict No. 687 dated May 23, 2006 which determines the investigation of all the crimes of the majors under 18 year-old exclusively in the jurisdiction of the province criminal court?

Opinion of nearly the unanimity of the members in the session Jan. 29, 2009
Investigation of all the juveniles crimes is within jurisdiction of juvenile courts by virtue of precedent verdict No. 651 dated Oct. 25, 2000 and investigation of the crimes by majors under 18 year-old whose punishment is subject to Note of Article 20 of Public and Revolutionary Courts Establishment Law 2008 is within jurisdiction of the province criminal court by virtue of precedent verdict No. 687 dated May 23, 2006. In the meantime, other crimes of these persons are still investigated at Special Criminal Court for Juveniles.
By virtue of the above cases, the courts which can investigate the juveniles’ crimes have been determined as per the above precedent verdict but regarding the precedent verdict No. 664 dated Jan. 20, 2004, it should be mentioned that this verdict is not related to the juvenile courts because the subject of conflict in it is related to inherent jurisdiction of the revolutionary court against the criminal court of the province and it is not principally related to the crimes of majors under 18-year-old.

Legal Inquiries
- Can a demand for overruling a final holding of the governmental punishments branches be investigated in the public courts? Reply of Legal Department: No. This subject is within competence of The Administrative Justice Court. As a result, the authority that is not competent to investigate the original ruling, cannot issue the injunction for non-execution of the same.
- Does rendering a ruling of obliging to draw up an official deed and delivery of object of sale necessitate issuance of execution writ? The reply of Legal Department: In both cases, if the possessor is the party to a suit, the execution writ is to be issued.
- Opinion of Legal Department regarding the nature of evacuation order and its objectionablity: Order of evacuation according to Law of 1997 is an administrative order and is not considered as a judgment. Objection of the tenant can be investigated in the same ruling branch and in case the head of judicial area distinguishes that the objection is correct, it can be reversed.
- Opinion of The Legal Department regarding the settlement report: The settlement report can be executed as the courts rulings and is subject to regulations of Article 2 of Law for Financial Convictions Execution Manner.
- If the cases, subject to the jurisdiction of dispute settlement councils have been set forth in the justice administration, sending the file to the council is not correct.

Selection of World Legal News

• Execution of head of Peking department of airport due to financial corruption
• Honduras president arrested
• Life imprisonment for China police head
• Mass arrest of state authorities in New Jersey, America due to governmental corruption
• Israel ex-prime minister corruption trial begins
• Imprisonment and cash fine due to economic corruptions

The Month’s Guest

Lecture of Mr. Kashani, Ph.D.
Subject: Effect of Death of the Principal on the Contract of Agency

This article is about the effect of death of the principal on the contract of agency. If the principal has told the attorney that: «You are my attorney after my death too» is this acceptable or not? The writer believes that in this case in fact the principal has made a will.
The next issue is about the effect of death in a contract of agency with the condition of not dismissing the agent in an irrevocable agency. As these types of agencies are given for the benefit of the agent, so the death of the principal has no effect on it.

Public Order in Law

Parviz Novin, Ph.D. – University Professor, Attorney at Law

Study of the expression or phrase of «Public Order» in law which has many applications from the viewpoint of judges and attorneys, bears a special importance.
During the teaching sessions in faculty of law, I found that most of the students do not have a correct understanding of this legal expression and often «public order» is explained in the meaning of order and security by the security forces in the society specially in our country the expression of «security force» is used instead of «police» which is an international term and the ambiguity causes an incorrect interpretation to be conveyed from the expression of «Public Order».
Of course, one of the most important instances of public order is to establish order and security in the society or prevention of any type of disorder, law breaking and offense. But public order is not limited to the same instances and this phrase bears a vast and larger legal meaning.
In an analysis of the legal nature of public order, we came across several other terms that we are to compare them with public order, even in a brief study.
The terms are as follows:
Imperative rules – Public order – Public decency – Public morals – Public services – Public interests – Social welfare


Letter 1

Responsibility of inter-city transfer of the accused and convicted is undertaken by the disciplinary force up to three years.


Reply

Letter of one of the judges about the different judgments of Judges Disciplinary Court regarding violation or non-violation of the accused introducing under writ to the disciplinary force for investigation and detention.


Historical

This part is an interview with Ayatollah Taheri Khorramabadi who entered the Judiciary in 1983. At the beginning of the Islamic Revolution, according to Order of the Revolution Great Leader, Imam Khomeini, and guidance of the deceased Mr. Beheshti, the Judiciary was to be established under supervision of a council, in the name of Judicial Supreme Council, the members of which were 5, all of which scholars and jurisprudents. Mr. Taheri Khorramabadi was invited as Deputy of the Judicial Supreme Council and Head of the Administrative Organization of the Judiciary. He Talks about the efforts and problems of that time and believes budget deficit and lack of manpower were of the most important problems of the Judiciary during that period.


Letter

This is the suggestion of the Chief of the Judiciary confirmed by the Supreme Leader which was notified to the Head of Justice Administration of Tehran Province and it is regarding amnesty of those sentenced to imprisonment. Of course these convictions should have special conditions: 1. Remaining of the sentence up to three years, in case 1/4 of it has been passed up to July 20, 2009. 2. 2/3 of the sentence more than three years, in case1/5 of it has been passed up to July 20, 2009. 3. Conviction to life imprisonment, in case at least 10 years of it has been passed up to July 20, 2009, is decreased to 15 years. 4. Remaining of conviction to imprisonment, in case before the date of legal ruling, he (she) has custody of child (children) and is their legal guardian. 5. Remaining of the sentence and cash fine of the convicted under 18 yeas old (under 18-year-old at date of committing the crime) and males upper 65 years old and females upper 50 years old according to the birth certificate and for the foreign nationals who have no valid documents by the confirmation of forensic medicine of the province centers.
And some of the convictions are excluded such as professional smugglers, armed robbery, rape, convicted to the security offenses, restoring to arms to frighten people, smuggling arm and armaments, armed and organized smuggling of narcotics, sentenced to life imprisonment and to imprisonment more than 20 years (at one holding) in the crimes of narcotics, important instances of kidnapping, robbery and bribery.


Article

Problems of Criminal Judgments Enforcing & Their Solution

Bahram Heidari Sani, Head of Criminal Judgments Enforcing Office of Public Prosecutor

1- Lack of full laws for enforcement of rulings
2- Omission of civil judgments enforcing units as per Articles 34 to 36 of amended bylaw of law for public and revolutionary courts establishment
3- Lack of enough facilities and manpower in enforcing the rulings
4- Accumulation of the cases


Article

Stoning to Death from the Viewpoint of Quran & Tradition

Ayatollah Seyed Mostafa Mohaghegh, Ph.D.

It is clear that stoning to death may have another source in the jural references as well as Quran and tradition. Herein we would like to study whether there is any reason in Quran and tradition for stoning to death notwithstanding other reasons or not?
Stoning to death is the most severe punishments. If such a punishment is legitimate, definitely it should be inserted in Quran. It should be mentioned that stoning to death in Shiite jurisprudence is based on vast unanimity and traditions.


Foreign Part

Judicial Education Status in India

This is the second part of this article which is allotted to the following cases:
- Future judge
- The judiciary: history and outlook of future
- Statistics indicating power of judges group in lower courts
- Future outlook: the judiciary in the future millennium
- Judicial education throughout the world
- Study & research board of England
- Judicial education in the United States of America
- Judicial education in the commonwealth countries