Mohammad Darvishzadeh, head of the Iranian Law and Law Research Institute, calls for publicizing judicial opinions of war crime convicts and removing judges' authority in sentencing.

Mohammad Darvishzadeh, the former judge of the Supreme Court of Iran and the head of the Iranian Institute of Law and Law, wrote in the daily newspaper: On the occasion that I have played a role in the education and research of the judiciary in the last 10 years of my judicial service, I must emphasize that the citation and emphasis of some From the high authorities of the judiciary to the absolute authority of the judge in determining one of the 4 legal punishments that have been determined for the warring party, it causes a mistake and disruption of the national and elite in learning legal knowledge.

Usually, some legal articles are read and cited in this context, but some other legal articles related to the rules of determining punishment are forgotten - intentionally or unintentionally, for example, in this matter, Article 283 of the Islamic Penal Code is cited, in which It has been stated: The right to "choose any of the four matters [and punishments] mentioned in Article 282 is at the discretion of the judge" is concluded with the reference that no one can understand why and how to determine the death penalty instead of exile for a person who is known as a muhareb. to ask a question, this is despite the fact that in some of the articles mentioned in other laws, the authority to determine the punishment - even to the extent of moharebeh - has been regulated and rules and requirements have been determined for it.

For example, in Article 203 of the Criminal Procedure Law, it is explicitly provided that "in crimes whose legal punishment is deprivation of life, etc., the investigator is obliged to issue an order to file a case against the accused to the social work unit during the investigation. A separate form of the criminal case file is created and contains the following contents:

A) The social worker's report regarding the material, family, and social situation of the accused

b) Medical and psychiatric report"

Also, in paragraph (c) of Article 279 of the same law, it is also provided that a "summary of the case of the accused" must be included in the indictment.

In addition to this, a special instruction regarding the "formation of the case of the accused" was compiled and communicated to the judicial authorities on 26 September 2018 by the honorable head of the judicial branch, and now this instruction is mandatory, the said instruction contains 24 articles, 10 notes and 5 It is a questionnaire. In several clauses of this instruction, it is predicted that when determining the punishment, how and in what order the judges will arrange the information about the character of the accused.

Also, in other articles of various laws as well as in the rational and general principles of law, the principle of "proportionality of crime and punishment" is emphasized in such a way that this principle has a history of a thousand years and more, so it should not be done by emphasizing one or several legal articles and not paying attention to other articles. Complementary and peripheral and related to that material, caused disruption in national and organizational learning, and doubled the suffering caused by the recent unrest.

I suggest to the honorable judicial officials and my former colleagues in the judiciary - that I have no doubts about the difficulty of their work - that in the cases of war that have been the focus of the country's legal community and the public conscience (both in favor and against) towards It has been provoked, instead of arguing with university professors and critical jurists, they should take measures to implement Clause (P) of Article 5 of the Judicial Security Document and various clauses of the Judicial Development Document - which has been emphasized many times by the Supreme Leader of the Revolution - and also in Implementation of paragraph (t) of article 653 of the criminal procedure law should be done regarding the publication of the said judicial opinions, so that in the light of national and specialized dialogues, they have served the realization of national and general learning and reduced the suffering of unrest. / Khabar Online