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Paper Information

Journal:   REVUE DE RECHERCHE JURIDIQUE   FALL 2010-WINTER 2011 , Volume - , Number 52; Page(s) 103 To 182.
 
Paper: 

DISCRETION OF CHIEF OF JUDICIARY AS A CAUSE FOR RETRIAL

 
 
Author(s):  NAHREINI FEREIDOON*
 
* 
 
Abstract: 

The retrial is one of the superlative ways for complaining about courts' judgment which is accepted and operated exceptionally and in specific aspects due to its restrictions and being exclusive. Rehearing is a superlative way and for that reason it can be carried out and taken effect only when a final judgment was issued by a court and with resorting to exceptional and exclusive cases after admitting it to objectionable criminal and civil judgments. Meanwhile, third parties may not enter to this stage. Such particularities resulted in prominent situation for retrial comparing with other methods such that no parties involving in the case, comparing with routine way of asking for appeal, could not easily try their fortune for reversing the Judgment resorting lawful approach and provide with other opportunity. Ignoring the provisions and limitations present for this legal approach, legislator, in 1980, developed appealing to this way by discretion of judiciary in an accelerated and abrupt action such that one can take to revision any final judgment (whether Order or Judgment) issued by judiciary courts and so violate it. Although dispersing the retrial and developing its realm to reverse the orders violated legally may fairly be proper for justice, but more and more applying it may reduce the importance of this violation procedure as well as its respect and may turn it to a routine method. The main objective of this paper is analyzing the regulation for revising Article 18 of revision in regulation for forming public and revolution courts enacted on 14 Jan 2007, where there has been established discretion of chief of judiciary in obvious discrepancy of award with shariah as one of the causations for retrial In criminal and civil affairs. For this reason, we are deciding to discuss conditions and barriers for discretion of mentioned legal authority and elements of this newly established article as well as its effects.

 
Keyword(s): RETRIAL, CAUSATION OF RETRIAL, DISCRETION OF JUDICIARY CHIEF, FINAL JUDGMENT, VIVID INCONSISTENCY OF AWARD WITH SHARIAH, LEGAL DEADLINE
 
References: 
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