Justifying the Claimants: The New Duty of the Judges of the Peace Courts

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-Thursday 2024/11/14 - 17:20
News Code:8401
 توجیه اصحاب پرونده؛ تکلیف جدید قضات دادگاههای صلح

At the outset, when a case is referred to the Peace Court, the judge is obliged to justify the parties to the case and convince them to refer to the Dispute Resolution Council, which is located next to the Peace Court

Deputy of the Judiciary and Head of the Center for the Development of Dispute Resolution of the country regarding the work of the judges of the Peace Courts:
At the beginning, when a case is referred to the Peace Court, the judge is obliged to justify the parties to the case and convince them to refer to the Dispute Resolution Council, which is located next to the Peace Court, and while setting a monitoring time, the case is referred to the Dispute Resolution Council, then the Council tries to address the dispute in a short time and within a maximum of two months. In the meantime, the council must conduct the necessary investigations. The council also has the authority to make the necessary inquiries. After collecting the evidence and completing the investigation, if possible, peace and reconciliation will be created and rights will be restored. In the agreement, all the duties and rights of the parties are stipulated, and after the completion of this process, the case will return to the peace court, and the judge of the peace court will convert this compromise into a corrective report. The corrective report is a judicial decision and is binding and has full validity. However, if for any reason a compromise is not reached in the Dispute Resolution Council, a judicial decision will be issued in the Peace Court at the same time that was predetermined. Of course, if those who do not want to take advantage of this opportunity, they should wait until their turn comes and the proceedings will take place at the appointed time in the peace court.

 The activity of the Peace Court can complement the activities of the Dispute Resolution Councils, and not only does it not cause any disruption, but it also strengthens the support of the Dispute Resolution Councils, and people have the confidence that when they go to the Dispute Resolution Council, it has a strong judicial backing called the Peace Court, which if necessary, the corrective report is signed by the judge of the Peace Court, and just like the judicial decision, it is implemented in the Comes. The next point is that in this new law, the dispute resolution councils have the possibility to issue a corrective report themselves, and their corrective report is valid and binding like the judge's decision, and this issue has been unprecedented so far. In the previous law of dispute resolution councils, we did not have such an issue and the corrective report should only be issued by the judge of the council, but now the members of the dispute resolution council themselves issue a corrective report in the referred instances of articles 13 and 15, but the cases that go from the peace court to the council are issued by the judge of the peace court, so the peace court complements the work of the council and does not cause any disruption in its work. It continues to work, and the only difference is that in the past, cases went directly to the Dispute Resolution Council, now the cases go first to the Peace Court and then to the Dispute Resolution Council.
So far, about 2,000 branches of the peace court have been established across the country. It should be noted that the number of branches that deal with matters under the jurisdiction of the peace court is more than this amount, and the branches of the general courts of the district should be added to this number. That is, there are 2,000 independent judges in the peace courts, who deal with cases under the name of the peace courts, and there are a large number of judges in the districts who are judges of the general courts of the district and have the authority to hear the cases of the peace courts. Accordingly, about 2,500 judges, with the help of dispute resolution councils, deal with cases referred to the Magistrate's Court Branch throughout the country.

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