Table of Contents
text
article
2012
per
Securing of Evidence in Criminal Matters..............................................................................4A Selection of Latest Legal Approvals...................................................................................5Disciplinary Warnings in Decisions .....................................................................................11One Vote, One Experience.................................................................................................14Around the Table..............................................................................................................16Civil Execution of Judgments against Legal Persons of Public Law............................................35Criminal Execution of Judgments in Iran’s Legal....................................................................39Obtaining Evidence in Iran's Criminal Laws and International Documents..................................45An Introduction to Research in the Criminal Justice System: Opportunities and Challenges..........52Reportage........................................................................................................................55A Selection of Legal News...................................................................................................56Foreign Part.....................................................................................................................58
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
3
3
https://www.ghazavat.org/article_173438_01ae62d60feeb0f37a3632ed684bc67c.pdf
Editor in Chief’s Note: Securing of Evidence in Criminal Matters
text
article
2012
per
Among the established inquiries from the Education department of the Province about legal uncertainties, a question asked by Qarchak magisterial district seemed to be interesting and novel. The question is about the securing of evidence order in criminal matters. Securing of evidence is the first subject of chapter seven of the Civil Procedure Law which consists of 6 articles from article 149 to 155.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
4
4
https://www.ghazavat.org/article_173441_0053b791c459479c5f6e2d07af5b2b4d.pdf
A Selection of Latest Legal Approvals
text
article
2012
per
- The Precedent No. 726 of General Board of the Supreme Court about the Jurisdiction of the Court in Hearing the Cases Relating the Documents of Registry of Personal Status
- The Precedent No. 727 of General Board of the Supreme Court about the Jurisdiction of the Court in Hearing the Retribution of Illegally Transporting, Hiding, and Holding Weapons and Ammunitions
- The Executive Regulation of Article (228) of the Fifth Development Five-Year-Plan of I.R.I.B
- The Executive Regulation of Item "B" of Article (101) of the Fifth Development Five-Year-Plan of I.R.I.B
- The Statute of the Country's National Center for the Cyberspace
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
5
10
https://www.ghazavat.org/article_173442_937229cea56f76f099e0af303252b93d.pdf
Disciplinary Warnings in Decisions of the Judges’ Disciplinary Courts & Public Prosecutor’s Office
text
article
2012
per
-Non-compliance with the imposed obligations of article 138 of the Criminal Procedure Law-Non-compliance with the issued regulations-Negligence in performing the duty
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
11
13
https://www.ghazavat.org/article_173443_367b44bd169e89da532ac8d8ad34e361.pdf
One Vote, One Experience
text
article
2012
per
Review of a verdict about hire-purchase
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
14
15
https://www.ghazavat.org/article_173446_97789a746b5c51ea851234ec73a7014e.pdf
Around the Table
text
article
2012
per
The following questions were discussed in the round table, and the commission votes as follows:
457- Under which title an increase in the price of a property occupied by the government institutions for the civil or military plans from the time of the assessment by an expert up to the execution time is demandable?
Opinion of Majority of Votes of the Members in the Session:
Under article 1 of the Legal Bill of Purchase and Ownership of Lands
approved in 5/2/1980, when any executive system for its civil or any other plans needs lands, buildings, etc owned by natural or legal persons, according to the respective regulations, it can by or own them which on this basis and according to article 4 of the mentioned law, in order to assess the fair price of the mentioned lands in case of disagreement between the owner and executive system, a board consist of three official experts is formed and since the opinion of this board of experts is certain and the appropriate verdict is issued on its basis, then it is impossible to change it, on the other hand it may take a long time from the verdict’s date of certainty to its implementation by the executive system in which the price of the land increases and causes the loss of the owner but based on the Principle of no Harm and because of the establishment of debt for executive institutions, a separate claim under the title of claim for damages of delay in payment can be filed.According to the note following article 19 of the law of the Association of the Official Experts which states that cases in which transactions requires the assessment of the fair price by an official expert, the proposed opinion will be valid for 6 months from the date of its issuance. Whether the mentioned governmental institution refuses to pay the price to the proprietor; the expert’s opinion must be taken again and it should be performed on its basis.
458- Are the civil actions of the foreigners who are illegal residents in Iran, auditable?
Opinion of Majority of Votes of the Members in the Session:
According to principle 34 of the Constitution Law: litigation is the incontestable right of everyone and everybody is can proceed in competent court in order to petition… and no one can be prohibited from proceeding in the court which is legally allowed to proceed and this principle is common and generally accepted and includes all residents of Iran and exiting the illegally foreigner residents form this principle requires wording and just an illegal residence is not an obstacle for the foreigners’ petition.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
16
34
https://www.ghazavat.org/article_173452_c92b8ac2a036012055031d0a5cc03a09.pdf
The Month’s Guest
text
article
2012
per
Civil Execution of Judgments against Legal Persons of Public Law
The lecture of Mr. Rostami:
In discussions related to the financial rights and especially considering the fiscal and financial laws which are applied in executive systems, some issues are encountered which are interrelated to the legal subjects and one of these issues which is shared between the private and public laws is the subject of the execution of civil judgments against the government and legal persons if public law. The purpose of legal procedure is to issue a verdict and execute it and without execution of the verdict, this procedure will not reach its purpose.
There are some principles in the criminal and civil execution of judgments which states that the verdict must be executed on time and any factor which causes delay in the execution is against the principles. But there are some exception rules about the civil execution of judgments against the legal persons of public law. In this lecture those exceptions are specified in detail.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
35
38
https://www.ghazavat.org/article_173454_85564aebfad1f50fa74539efc37b537e.pdf
Article: Criminal Execution of Judgments in Iran’s Legal Procedure System under Human Rights Considerations with an Emphasis on International Document
Behrouz
Javanmard
PhD in Criminology from Shahid Beheshti University, Professor of Islamic Azad University, Tehran North Branch
author
text
article
2012
per
Execution of judgments is the last stage of the criminal legal procedure of Iran’s legal system. Iran’s legislator especially after the Islamic Revolution has also paid its attention to criminal execution of judgments along with islamization on all levels of legislation and tried to consider Islamic standards in the process of legislative affairs. But it has been tried to have a successful presentation on the level of international society to gain an acceptable face with respect to international commitments which in some cases has met challenges. the criminal and civil execution of judgments which states that the verdict must be executed on time and any factor which causes delay in the execution is against the principles. But there are some exception rules about the civil execution of judgments against the legal persons of public law. In this lecture those exceptions are specified in detail.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
39
44
https://www.ghazavat.org/article_173456_b372895742cd61fe3c621749a34e5996.pdf
Article: Obtaining Evidence in Iran's Criminal Laws and International Documents
Mohammad Ali
Mahdavi Sabet
author
Mohammad
Mehrabi
author
text
article
2012
per
Evidence has been considered as one of the main bases of civil and criminal trial procedure and in Criminal Procedure Law, it would be impossible to attribute the criminal behavior to its perpetrator or prove innocence and consequently execute the penalties and provisional and educational arrangements or declare his innocence. In the criminal procedure system, the process of obtaining evidence and adapting it to the standards specified in the international and human rights related documents is one of the less considered cases. Regarding the phenomenon of globalization and tendency toward the creation of a global system of criminal procedure and the deficiencies of the national criminal systems specially observed in the system of proving the evidences of criminal cases, naturally tendency toward a human-based and human rights approach in collecting the criminal evidences has been welcomed which shows the existing deficiencies in the system of proving the evidences of criminal cases in a territorial framework and tendency to establish a system based on the goals of the criminal justice.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
45
51
https://www.ghazavat.org/article_173461_1f8c8e7e7340f935f555e77d30144e61.pdf
Article: An Introduction to Research in the Criminal Justice System: Opportunities and Challenges
Ali Hossein
Najafi Abrand Abadi
The Lecture in the National Research Conference on Criminal Justice system
author
text
article
2012
per
A. IntroductionB. 1. Criminal LegislationB. 2. Criminal Justice Actors and InstitutionsB. 3. Criminal ProcessC. Types of Criminal JusticeC. 1. Criminal Model or Crime Controlling ModelC. 2. Justice-based Model or Fair Trial ModelD. Conclusion
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
52
54
https://www.ghazavat.org/article_173462_eb08b54b0c184d673b83c9039149fbbd.pdf
Reportage
text
article
2012
per
ubject: A visit of public courts of Fashafouyeh district
The following topics have been under consideration:
1. The suit subject of confirmation or enforcement of cancellation is a financial lawsuit.2. The notification of the judicial notes is done whether to the addressed person (actual) or to someone other than the addressed one according to the legal formalities (legal).3. The suit subject of insolvence of paying the legal expenses is independent from the main suit.4. After involving the lawyer in the legal procedure, all judicial notes must be notified to the lawyer and not the client.5. With the assumption that the appellant is not licensed to appeal, issuing the writ of rejecting the petition by the court of first instance is not right according to sub-article (2) of article (339) of the civil Procedure Law.6. The signature at the bottom of the bill of exchange is considered as endorsement.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
55
55
https://www.ghazavat.org/article_173463_13ec68863b5bb33597253a984ce834e9.pdf
A Selection of Legal News
text
article
2012
per
- Europe rights court rules for victim of CIA extraordinary rendition- Honduras congress votes to remove Supreme Court justices- UN women’s rights experts concerned over Egypt draft constitution- African Union, Senegal create special tribunal to try former Chad dictator- UN expert urges US to publish report on Bush-era detention, rendition program
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
56
57
https://www.ghazavat.org/article_173464_141882405c0f577d44807720dcc8ded8.pdf
Foreign Part: Enforcement of Foreign Judgments in Pakistan
text
article
2012
per
This paper examines the issue relating to the enforceability of foreign judgments in Pakistan. In the existing law, there are two categories of judgments, one passed by the courts of reciprocating states and the other by non-reciprocating states. The judgments of reciprocating states are enforceable per se, but for non-reciprocating states, the judgment creditor will have to seek enforcement by filing a suit in the appropriate court.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
11
v.
77
no.
2012
58
58
https://www.ghazavat.org/article_173465_bd3d9d7bf39a99b9ddcbc5d383e4583a.pdf