Editor in Chief’s Note

In the introduction of the book of «Month Guest», the editor in chief has remarked some issues regarding the independence of judge in rendering a judgment and briefed some items about the performed duties of deputy in education and the editor in chief’s note in this part, has introduced the book of «Month Guest».

A Selection of Latest Legal Approvals

■Verdict No. 457 of General Board of Administrative Justice Court regarding jurisdiction of Administrative Justice Court for investigation of complaint of decisions and measures and restraint from nongovernmental general institutes (Gazette No. 18788 dated Sept. 1, 2009)

■ Executive bylaw of Article 19 of Amendment Law of the Law for Compulsory Insurance for Torts of Land Motor Vehicles Owners Against Third Parties (Gazette No. 18838 dated Nov. 1, 2009)

■ Law for Support of Consumers Rights (Gazette No. 18841 dated Nov. 4, 2009)


Disciplinary Warnings

in decisions of The Judges’ Disciplinary Courts & Public Prosecutor’s Office
■ The difference between stay in enforcing the judgment and restitution to the former status

■ Rendering judgment regarding the misprision of a judge after 10 years

■ Installation of a bugging system and order of preparation of photography for control of an inmate are examples of breach of civil rights.


One Vote,
One Experience

Telecommunication company withdrew the telephone utility, by using the inserted commitments in the contract of mobile utility transferring, in the cases that mobile utility transferred to the next occupiers, by claim of being debtor of some of them (except for the current concessioner) and calculates it as debt and these types of claims are increasing in the judicial authorities and judges render conflicting judgments.


Around
the Table

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

420- If the minimum sentence is considered for the accused, is it possible to hold a supplementary sentence?

Opinion of nearly the unanimity of the members in the session dated Apr. 23, 2009
The reply is positive. Because first: In Article 19 of Islamic Criminal Law, supplementary sentence has been prescribed as well as the main sentence. Second: The mentioned Article has not bound the court to observe the minimum or the maximum principal punishment regarding the supplementary sentence. Therefore, if the court holding the sentence finds that the principal punishment (maximum or minimum) is not enough for punishment and warning of the perpetrator, in this case it can consider a supplementary punishment in addition to the main sentence. In the meantime, precedent verdict No. 590 dated Jan. 25, 1994 does not consider the determination of the maximum punishment, as a bar for ordering a deterent punishment.

421- Are approvals in the annual laws of the state budget such as Note 7 of Budget Law of 2007 and other permanent notes valid for the coming years before abolishment?

Opinion of Majority of the members in the session dated Apr. 23, 2009
The permanent non-budget regulations approved in budget annual law not including a time limit, remains in force while not annulled. In this relation, Note 51 of Budget Law 1978 can be mentioned that reads «Note 21 of Budget Law 1977, while not abolished, remains in force.» Also, the view No. 7/6014 dated Sept. 15, 2002 of Legal and Compilation of Laws Department General of the Judiciary announcing that Note 30 of Budget Law 1960 remains in force, confirms the above viewpoint, so the reply is positive.

Selection of World
Legal News

■ Financial corruption, factor of crisis outbreak
■ Failing the accusation of the Iranian commander of London Police
■ Surprising order of American court against Iran
■ The most popular world internet errors
■ Brave measure of Italy Constitution Court, invalidating immunity of the clamorous prime minister
■ Conviction of an university former professor



Foreign Part

Judicial Education in India
Forth Part
This is the forth part of this article which is allotted to the following cases:
- Report of analysis of the replies to the questionnaire
I- Concepts and approaches
1) Goals of judicial training
2) Difference between education and training
3) Available references for training
4) Available training insufficiency
5) Which are goals of in service training?
6) Low quality of education of Bachelor’s Degree in Law: Can beginning of service training amend that?
7) How can employment process guarantee the least jurisdiction?
8) Should training focus principally on the skills?
9) How can training meet the needs of more intelligent applicants and weaker ones simultaneously?
10) Language training
11) Instigation of trainee for serious training
12) Nature of test in training
13) Consequences of unsatisfactory function in training
14) Neutrality guarantee in evaluation of training
Other opinions:
II- Support services and organization
1) One judicial national academy and four regional academies
2) National/regional academies structure
3) Relation of academies for maximum profit
4) Merger of faculty in the judicial academies
5) The available academies that should be expanded as the regional academies
6) Estimation of budget for management of one judicial academy
7) Election and reestablishment of faculty
8) Status of academies should be same as senior faculty
9) The minimum education in academies
10) Organization in charge of training skills
11) Ideal academic relations with foreign institutes
12) Training courses of using computer for judicial authorities
13) Investor judicial academies
14) Can the judicial academy match with academy model of L.B.S. (Mussorie)?


The Month’s Guest

Lecture of Mr. Eisa Jalali, Ph.D.

Some of psychological theoreticians have called the present age as «The Age of Stress» and it is a very popular and known concept in different professions. The problem related to this issue has not been dealt with enough comparing its importance and the bad effect of its unsafe type and the education and awareness and the techniques which can solve it, are not presented well. There are two types of stresses: 1- Safe stress: If there were no safe stress, housing, food and life could not be continued. If the human society did not have these stresses in different forms, it may not find these inventions and explorations, even the rural society could not change to industrial, ultra-industrial, electronic society etc. due to such stresses. The second point that deserves is that when we have stress, we should not confront it immediately. Each moment of life and any event have a message for the wise human. So stress comes inevitably but we should know the difference between safe and unsafe stresses.
Safe stress serves growth and excellence and development and unity of the society, unsafe stress causes diseases, physical, mental and relational effects. In medical diagnosis as well as in judgment unsafe stresses, cause many problems for a proper judgment.
So, it has been trying that a judge and an attorney have mental health in the developing countries because there is a long time that World Health Organization has considered health as development axis. There are development in each field and program. If we are going to follow up development in judgment, we should have healthy in a form.


Historical

This part is an interview with Ayatollah Moghtadaei. As one of the activists of the revolutionary movement of Iranians, after victory of the Islamic Revolution in Feb. 1979, he was active in various fields, specially in the Judiciary. Ayatollah Moghtadaei was appointed as a judge in the Revolutionary Courts by judicial notice issued by some of the members of Instructors’ Society in March of the same year.
In Apr., 1979, Imam Khomeini sent him for judgment to Khorramshahr, Abadan, Malayer and Zanjan. Also, he worked in Courts of Tehran and Ghom temporarily.
Some of the positions of Ayatollah Moghtadaei after the Revolution are as follows:
- Judge of the Islamic Revolution Courts
- Member and Spokesman of Judicial High Council
- Head of the Supreme Court
- Head of Supreme Court Prosecutor’s Office and Attorney General Office



Public Law

Definition & Realm of
Public Law
Principles of Public Law

Parviz Novin, Ph.D. – Member of Faculty Board of University

Although public law is derived from Ancient Rome Law and the first Ancient Rome great jurist divided the law into two sections of public and private law but public law with its two important branches or fields (Constitutional Law + Administrative Law) have achieved special importance and has been in a higher rank comparing private and criminal law from 2nd half of 20th century, though this division and legal concept are not ordinary in some countries (such as England).
Importance of public law and its superiority is that in this field of law (due to research of professors of Oxford University) attention is paid to the following important issues:
First – Form of government, The Three Powers of the state and their relation with each other (that is the government democracy or non-democracy does not relate to the form of government.)
Second- Quality of administrative and executive system of the country (centralization or non-centralization)
Third – Presentation of public services as the main and principal duty of the government (for the hole society not for a certain class of people)
Forth – The institutes that undertake these activities (government or other public and private institution)
Fifth – The mechanism that runs these activities (general power of government or contracts)
Sixth – Judicial control of government administrative measures
Seventh – Providing and observing security, public order, individual rights and freedoms and civil right
It is evident that here we need to get acquainted with and exploit the laws and regulations and governing principles of general laws from the four fields mentioned before (Constitutional Law + Administrative Laws + Criminal Laws + Public Finance Regulations). Without identification and counting these regulations and principles, public law merely includes general and abstract issues that will not have applied aspects.



Report

Dear Mr. Zandi,
Deputy in Education of Justice Administration of Tehran Province

We, the undersigned, as per the mentioned notification, have performed educational investigation by appearance in the courts of appeals of the province and coordination with presidents of those courts from 29 branches, that is branch 1 to 29 and the result is announced as follows:
First Section – Generalities
1- Attention to evolution in laws and rights
2- Record of evolution in Iran laws
3- Changes, after adaptation of laws with the Islamic rules
4- Judicial Independence
Second Section – Special Judicial and Administrative Points
1- Cost of proceedings
2- Role of attorneys in acceleration of proceedings
3- Subjection of the claim of a third party to assessment and costs of proceedings of the demand of first action
4- Attention to appeal ability as regards the assessment and/or non-assessment of the demand
5- Using other relied cases by the court
6- Filing a suit of cancellation of a transaction of real estate
7- Claim of proving real estate transaction by ordinary document
8- Simultaneous investigation of the main claim and inviting a third party
9- Necessity of reminding the defects of a case or amendment of them and confirmation of the decision protested against at the same time
10- Introducing judicial representative by private banks
11- Claims of insolvency from cost of proceedings and the relief
12- Claims of intellectual property
13- Attention of family court to the different aspects in rendering judgments
14- Damages of delay in payment concerning the checks, the sums of which are foreign currency
15- Mitigation or change of punishment should be founded in evidence and proportionate with the offense
16- Aggravation of punishment should be minimum and proportionate with the offense
17- Granting proper respite to the parties for conciliation in criminal actions
18- Claim for delivery of an immovable object of sale, before proving the ownership of the buyer
Corruption from the Viewpoint of an International Convention

Azim Sohrabi – Assistant to the Public Prosecutor General Office, District 18 in Tehran

By approval of corruption control convention, government of the Islamic Republic of Iran has bound itself against other members of this convention. Therefore execution of the prescribed commitments in this convention needs compilation and change of some of criminal regulations that is possible by cooperation of each three powers, The Judiciary, The Executive, The Legislative and in direction of decisive control with corruption the compilation of a comprehensive and unique law according to regulations of convention is necessary so that dispersion of regulations and consequently the confusion of the law executives are prevented and as corruption is a world trouble, some people are to be trained in this regard so that they can confront corruption seriously by study of achievements of international organizations and other countries and present our experiences to other countries and international organizations.