Document Type : Article
Authors
1 Associate Prof, Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Ph.D. Student in Criminal Law and Criminology, Faculty of Humanities, University of Justice, Tehran, Iran
Abstract
According to article 570 of the Islamic Penal Code, the actions of officials and officials affiliated with government agencies that lead to the deprivation of personal liberty of individuals and violations of constitutional rights can be the basis for guaranteeing criminal executions such as dismissal and imprisonment. This paper, while analyzing the above-mentioned article, explicitly raises the important question that, assuming that government officials and officials take illegal actions based on a provision contrary to the law, can judges of the courts invoke the authority provided for in article 170? Should the Constitution apply the performance guarantee specified in article 570 of the Penal Code? In the present paper, by studying cases of judicial procedure of courts and using a descriptive-analytical method, it has been concluded that the authority obtained from article 170 of the Constitution has no necessity other than non-implementation of illegal provisions by judges and in such cases the inherent jurisdiction of the Administrative Court of Justice in articles 170 and 173 of the Constitution and by using capacities such as issuing warrants for reviewing the legal aspect of the protested regulation is referred to the Administrative Court of Justice and based on the Court's decision in the above regulation, a decision is made in the criminal case.
Keywords
Main Subjects
- A) Books
- Ayane Nagini, H. (2014). Researching the keywords of provisions in the constitution. Guardian Council Research Institute (In Persian).
- Abrishmi Rad, M. A. (2019). Judicial supervision of government regulations (with an emphasis on the efficiency of the Administrative Court of Justice). Majd Publications (In Persian).
- Emami, M., & Stvarsangri, K. (2015). Administrative Laws 1 and 2. Vol.1, Nash Mizan.
- Pad, I. (1973). Dedicated criminal law, Tehran, Tehran University Press (In Persian).
- Research Institute of Extraction and Jurisprudence Studies (2011). The collection of judicial opinions of the criminal appeals courts. the center of press and publications of the judiciary (In Persian).
- Research Institute of Extraction and Jurisprudence Studies (2013). The collection of judicial opinions of the branches of the Supreme Court (Criminal). Judiciary Press and Publications Center (In Persian).
- Zarem, A. (2012). Description of the Islamic Penal Code (Department of Punishment). Phoenix Publications (In Persian).
- Shambiati, H . (2008). Dedicated criminal law. Vol.1, Majd Publications (In Persian).
- Shokri, R., & Qadri (2001). Islamic Penal Code in the Current Legal System. Tehran: Mohajer Publications (In Persian).
- Qari Seyyed Fatemi, S. M. (2019). Human rights in the contemporary world. the first book, Shahradanesh Publications (In Persian).
- Qutbi, M. (2014). The legal position and competences of the Court of Administrative Justice in the legal system of the Islamic Republic of Iran. Guardian Council Research Institute (In Persian).
- Sadr al-Hafazi, N. (1994). Judicial supervision of the government's actions in the Court of Administrative Justice. published by Shahria (In Persian).
- Irfan, M. (2014). The process of applying Article 170 of the Constitution by judicial authorities. Judiciary Research Institute (In Persian).
- Mahmoudi, J. (2014). Analytical review of administrative proceedings in Iran's legal system, Jangal Publications (In Persian).
- Molabighi, G. (2014). Jurisdiction and procedure of the Court of Administrative Justice. Tehran: Jangal Publications (In Persian).
- Walidi, M. S. (2003). Exclusive Criminal Law. Amirkabir Publications (In Persian).
- Hashemi, M. (2009). Fundamental Rights of the Islamic Republic of Iran. Mizan Publication, second volume (In Persian).
- B) Articles
- Stvarsangri, K. (2018). The relationship between the Court of Administrative Justice and the duty of judges in Article 170 of the Constitution of the Islamic Republic of Iran. Modern Administrative Law Research Quarterly, 1, 31-50 (In Persian).
- Taghizadeh, J., Najabatkhah, M., & Fedai, R. (2015). Protection of the Constitution by Court Judges with Emphasis on the One Hundred and Seventieth Principle of the Constitution. Journal of Legal Studies, 8(1), 5-25 (In Persian).
- Tila, P. (2005). The Sovereignty of the Constitution and the Duty of Judges in the Laws of the Islamic Republic of Iran. Journal of Legal Research, 7, 159-172 (In Persian).
- Rahmdel, M. (2011). Criminal Protection of Nation's Rights. Azad Research Journal, 5(18), 51-69 (In Persian).
- Gurji, A. A.r (2010). Law-based government. Dodnameh magazine, 5 (In Persian).
- Mohammadi, Q., & Khanizadeh, A. (2012). Criminal liability of government legal entities in the domestic arena. Criminal Law and Criminology Research Journal, 2, 69-84 (In Persian).
- Mazhari, M., Jallavi, F., & Naseri, A. (2014). An analysis of violations by government officials of the limits of exercising official power subject to Article 570 of the Islamic Penal Code. Administrative Law Quarterly, 2(7), 33-55 (In Persian).
25- Mousavi Mojab, S., & Rafizadeh, A. (2014). The Scope of Criminal Liability of Legal Entities in the Islamic Penal Code. Journal of Criminal Law Research, 4(13), 147-169 (In Persian).
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