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Judicial System Of The Islamic Republic Of Iran
The Islamic Republic of Iran was founded after the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, and its legal code is based on Islamic law or sharia, although many aspects of civil law have been retained, and it is integrated into a civil law legal system. According to the constitution of the Islamic Republic, the judiciary in Iran "is an independent power". The entire legal system—"from the Supreme Court to regional courts, all the way down to local and revolutionary courts"—is under the purview of the Ministry of Justice, but in addition to a Minister of Justice and head of the Supreme Court, there is also a separate appointed Head of the Judiciary.Abrahamian, Ervand, ''History of Modern Iran'', Cambridge U.P., 2008, p.177 Parliamentary bills pertaining to the constitution are vetted by the Council of Guardians. The original nationwide judicial system in Iran was implemented and established by Abdolhossein Teymourtash under Reza Shah, with furth ...
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Kakh Dadgostari Tehran
Courthouse of Tehran ({{lang, fa, کاخِ دادگستریِ تهران – Kāx e Dādgostari ye Tehrān), also known as the Palace of Justice, is a historical courthouse in Tehran, Iran. The building was designed by Czechoslovak architect Stanislav Suva in the Neoclassical style to house 1,200 employees, serving as the Ministry of Justice, the law court, and the criminal and civil courts. Architecturally, the most important features of the building are the entrance hall, the main court hall, the offices and side rooms for the court, and the dining area and kitchen. Skoda began construction on the Palace of Justice between 1938 and 1946. Ing Arch Suva, a Czech architect who studied at the University of Architecture and Civil Engineering in Prague before being employed by "Société Iranienne Skoda", elaborated the sketch for the front face of the building in "European monumental conception". It was necessary the architecture had a sense of permanence and a contemporaneous char ...
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Abdolhossein Teymourtash
Abdolhossein Teymourtash ( fa, عبدالحسین تیمورتاش; 25 September 1883 – 3 October 1933) was an influential Iranian statesman who served as the first minister of court of the Pahlavi dynasty from 1925 to 1932, and is credited with playing a crucial role in laying the foundations of modern Iran in the 20th century. Given his significant role in the transition of power from the Qajar to Pahlavi dynasties, he is identified closely with the Pahlavi for which he served as the first minister of court from 1925 to 1933. Nonetheless, Teymourtash's rise to prominence on the Iranian political scene predated the rise of Reza Shah to the throne in 1925, and his elevation to the second most powerful political position in the early Pahlavi era was preceded by a number of significant political appointments. Apart from having been elected to serve as a member of Parliament to the 2nd (1909–1911); 3rd (1914–1915); 4th (1921–1923); 5th (1924–1926); and 6th (1926–1928 ...
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Special Clerical Court
Special Clerical Court, or Special Court for Clerics ( fa, دادگاه ویژه روحانیت) is a special Iranian court system for prosecuting Islamic clergymen and scholars accused of improper activity and conduct unbecoming of a cleric. The court functions independently of the regular Iranian judicial framework, and is accountable only to the Supreme Leader. Ali Khamanei'br>Structure of power in Iran/ref> The most prominent prosecution to have occurred was that of Abdollah Nouri (Persian: عبدالله نوری) who became the most senior Islamic politician to be sentenced to prison since the Iranian Revolution when he was sentenced to five years in prison for political and religious dissent in 1999. The Court was established in the early 1980s on an ''ad hoc'' basis, subsequently outphased and re-established in 1987. It was fully institutionalized and endowed with a "code" in 1991 under Supreme Leader Khamenei. This code was revised and expanded in 2005. History Durin ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the pro ...
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Adversarial System
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examinat ...
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Inquisitorial System
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, the Philippines, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic ...
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Supreme Judicial Council Of Iran
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of l ...
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Attorney-General Of Iran
The prosecutor-general of Iran (or attorney-general), in the judicial system of Iran, is a "just '' mujtahid''" appointed by the head of the judiciary in consultation with the judges of the Supreme Court to serve for a period of five years. The head of the prosecutor-general's office, he supervises prosecutor's offices in the country. As head of the public prosecution for the state, he has executive responsibility for law enforcement, prosecutions, setting priorities in the hearings of cases. List of recent prosecutors-general See also * Judicial system of Iran References {{DEFAULTSORT:Attorney-General of Iran Judiciary of Iran Iranian prosecutors Shia clerics Law of Iran ...
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Supreme Court Of Iran
The Supreme Court of Iran is the highest juridical authority in Iran, established to supervise the correct implementation of laws by courts of justice and consisting of the most prominent judges of the country. The head of the judiciary assigns criteria to ensure uniformity of judicial procedure and to carry out all legal responsibilities. The hearing of offenses committed by the head of the executive is also one of the functions of this court. The General Board of the Supreme Court has the right to issue a "vote of judicial precedent", which enjoys the status of law. Judiciary branches of the Supreme Court have the right to hear complaints about lower courts' decisions. The parties involved in the legal proceeding do not appear in court unless the court cites them for explanations. The rulings issued by this court are in the form of annulment and confirmation of lower courts' decisions. Article 161 of the Constitution of the Islamic Republic of Iran on the Supreme Court states: ...
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Supreme Leader Of Iran
The Supreme Leader of Iran ( fa, رهبر ایران, rahbar-e irān) is the head of state of the Islamic Republic of Iran. The Supreme Leader directs the executive system and judicial system of the Islamic theocratic government and is the commander-in-chief of the Iranian Armed Forces. The Supreme Leader is the highest-ranking political and religious authority of Iran. The armed forces, judiciary, state television, and other key government organisations such as Guardian Council and Expediency Discernment Council are subject to the Supreme Leader."Who's in Charge?" by Ervand Abrahamian ''London Review of Books'', 6 November 2008 According to the constitution, the Supreme Leader delineates the general policies of the Islamic Republic (article 110), supervising the legislature, the judiciary, and the executive branches (article 57). The current lifetime officeholder, Ali Khamenei, has issued decrees and made the final decisions on the economy, the environment, foreign polic ...
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Ijtihad
''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' (imitation, conformity to legal precedent). According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ('' usul al-fiqh''), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''ijma''). ''Ijtihad'' is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ''ijtihad'' is called as a "'' mujtahid''". Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practi ...
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