پژوهشهای حقوقی (May 2023)
Quality of Granting and Execution of judicial representation in Iranian Judicial Authorities
Abstract
In the judicial process in judicial authorities, judicial official performs the judicialand legal (civil) matters. Granting of judicial representation will involve at least two judicial authorities in the judicial process. This paper is aimed at examining the authorities and competence of judicial authorities concerning the territory, types, and quality of granting and execution of judicial representation in the field of research, execution of rules as well as other appropriate judicial matters in terms of the necessity to comply with rules and regulations and laws related to judicial authorities’ competence and quality of judicial representation process pursuant to Articles 119, 120, 121, 122, 334, 558, and 659 of the Code of Criminal Procedure adopted in 2013, Articles 290-294 of the Code of Civil Procedure of General and Revolutionary Courts approved in 2000, Articles 20 and 50 of the Enforcement of Civil Judgments approved in 1977 and Article 5 of the Code of Non-litigious Jurisdiction act approved in 1940 and other related laws and regulations and addressing the issue as an effective judicial issue by an analytical and descriptive scientific research method. The objective of issuing judicial representation is to facilitate and expedite the trial besides preventing its delay. It is common in law- authorized cases and in accordance with judicial procedure and will be necessary at the discretion of the judicial authority. The quality of its issuance and execution is necessary according to Criminal and Civil Codes in the framework of the provisions of judicial representation, affecting the achievement of the reason and discovery of the truth as the effects of judicial representation, which will be important by making a decision and issuing convincing opinions leading to the realization of rights and the administration of justice.
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