Document Type : Research Paper

Author

• Rajabali Goldoust Jouybari

Associate Professor of Law Faculty of Shahid Beheshti University

Abstract

In the Iranian legal system, based on the principle of two levels of judicial decisions, especially criminal ones, in order to prevent judicial errors, decisions issued by judicial authorities are always reviewed by a higher authority. If a criminal decision is issued by the prosecutor's office, it can be appealed in the general court, and if a criminal decision is issued in the general courts, it can be appealed in the provincial appeals authorities. However, the Iranian legal system has also foreseen another solution, which is that even despite the finality of criminal decisions, there is always the possibility of re-examining judicial decisions and the possibility that the criminal decision will be reviewed again. Based on the institutional mechanism called retrial, two methods have been foreseen in this approach. First, retrial is a condition that the law foresees and based on it and the existence of legal conditions, there is a possibility of overturning the final decision and it can be presented to another branch - preferably the same one. Therefore, if the verdict is against the principles of Islamic law, based on Article 477 of the Criminal Procedure Code, the verdict is overturned and referred to another branch upon the approval of the Honorable Chief of the Judiciary. However, if the verdict is inconsistent with some principles, documents, and provisions of the law, the Supreme Court branch, if it deems it appropriate to retry the case, overturns it and refers it to the Appellate Branch; however, it seems that the Appellate Branch has no obligation to follow the Court’s opinion. In any case, the principle of finality of verdicts is one of the principles that is violated and undermined by the institution of retrying criminal proceedings. This important strategic principle of the Criminal Procedure Code can be interpreted in only one way, and that is, the violation of the said verdict is based on legal rules and principles and does not violate the rights of the school. However, in this important challenge, the rights of the victim should not be ignored and made to suffer from this; This is something that should always be addressed with greater attention in amending the Code of Criminal Procedure

Keywords

• definitive rulings
• normal methods
• extraordinary methods
• appeal

Main Subjects

• Code of Criminal Procedure