Review and critique the contradiction of competency of the revolutionary and punishment provincial courts

Subject Areas : Journal of Law and Politics

M. Malmir ¹

1 - -

Received: 2015-10-03 Accepted : 2015-10-03 Published : 2011-12-22

Keywords: provincial punishment court, revolutionary court, jurisdiction, vote of precedent,

Abstract :

In line with achieving further carefulness in proceedings and materializing social justice , the reform act for the law of organizing the public and revolutionary courts, has initiated the provincial punishment court. According to this act , investigation about the crimes with critical punishments, lipidation, Life imprisonment , rigid and ……..would be under authority of punishment courts of province with presence of five judges , and proceedings with single –judge in these crimes should be prevented.Article 5 of reform act, without any change corresponding approved act of July 6, 1994, has reckoned the authority of revolutionary court in the article 6.The said article 5 is contradicted with clauses of 4 and 20 of reform act with regard to the authority of provincial punishment courts or revolutionary courts, and finally this trend led to the issuance of 664 precedent vote dated January 20,2002 .Regardless of flaws of the vote of precedent, basically, contradiction issue of jurisdiction of provincial revolutionary and punishment courts has not been fully ignored too.10Journal of Law and PoliticsVol.7 No. 16 Fall 2011 & winter 2012It is attempted in this article that by announcing contradiction issue in the jurisprudent of provincial revolutionary and punishment courts, we define the jurisprudence of these two courts given the available laws, and then prove this case that investigation about the crimes with punishments of solid announcement and ..……which apparently is under authority of revolutionary courts by the article 5 of reform act, indeed is under proceeding jurisdiction of provincial punishment courts by reform of restricted act, as a result, the jurisdiction of revolutionary courts faced with further restrictions and this case was accomplished according to the legislator will. Just as the omission of revolutionary prosecutor’s office and mergering it into public courts should be considered in the line of this attitude.