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World Applied Programming, Vol (4), Issue (1), January 2014.

21-27
ISSN: 2222-2510
2013 WAP journal. www.tijournals.com

Knowing Special Formalities of Investigating the


Government`s Claim in Iran's Penal Code
Amin Pahkideh

Farajollah Valipur Dehno

Amin Joudaki

Department of law, Payame


noor University, Iran.

Legal disputes MA, Bandar Imam


Khomeini (RTA) Petrochemical Special
Economic regional organization.

Expert Legal disputes, Bandar Imam


Khomeini (RTA) Petrochemical Special
Economic regional organization

Abstract: As the title talks, this research project tries to investigate, Procedure of legal claims investigating. In
which one side is the government, not only assess the normal procedure of a litigation, on the, there hand. They
want to ignore an official case and dont impose the legal procedures on a case that ensile is the government.
One can summarize some topics about government in some terms like legal investigation Cost, legal agent
peace, government's claim Judge and applying the court verdicts these cases sometimes include government's
international and beyond national range, in case, who one we dont contemplate in the mentioned approaches
we may damage governments credit in Transnational level in the government's claim we will analyze what a e
have to obtain what should be.
Keywords: special formalities, government claims, legal investigation expense, legal agent, peace, judgment,
implementing the court verdicts

I.
INTRODUCTION
(Dates are a solar calendar text).
Legal analysis's always fifth have been a guide and indicator for the legislators and move them in the way of excellent
goals the discipline peaks and have more acceleration in this way. This paper tries to investigate Special formalities of
government's claim investigating in penal codes, as the title says; it wants to analyze the procedure of investigation in
which one side of that is the government to get the compromise and result. It doesn't want to talk about a normal
procedure. Special formalities are special processes that are true about government and it' affiliated organization we
don't men just the exec tine power, but also we mean government in general speaking and it includes all forces and
organization that try to strengthen Iran, Islamic republic stability. And because they have mutual relationship with NCO,
will describe them as we know in a division the penal code is divided in two categories civil and a criminal low. In this
paper well focus on civil law, the present paper is a subsection of pirate law and in details; it will be placed in the dial
penal code that we are going to surrey governments rights and its opposite point, governments duties. We encouraged
us to do this was that the majority of jurists didn't pay at tent on to governments claim and always debated about usual
Investing action of a claim, and when some attorneys and jades were asked about this issue, they were unaware or they
had incomplete information and those who where know ledge able it was because of their experience and not their
academic knowledge.
Which organization is included in government's circle to be observed by Special formalities was agnation for us. We
tried to sorry what we had to express what should be; this research tries to answer these following questions. How is
legal investigation about government, Can we refer the government claim to the judge and com promise? Can we
sequestrate government's property?
What seems are response in this case is that impervious low the government was exempt in paying penal investigation
costs out in new law sine special organization are exempt from that. In some cases we can refer t five of the
government's claim to the judge and compromise and some of them with special regulation dominant in them, should be
passed by the senate. It seems that one can't sequestrate government property in the post there were scattered about that.
but all of them werent exclusive comprehensible and majority of them just on side red a repetitious topic in one field
what made us do this research was existence of some gaps in this cases so that cue place a special guide for government's
claim and in all levels of penal instigation, because some of these cases are so sensitive and we can put everything it's

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Amin Pahkideh, et al. World Applied Programming, Vol (4), No (1), January 2014.

right place I few can know these rights and duties and we can same them. Pressed right of government, if there is this
research seeks to some interpretations based on the latest procedure and we do our best to enlighten and brighten the
information by writer and author best to enlighten and brighten the information by writer and author and we try to
understand and find about time; whether it is changed after changing the law, or it con tinned it's durability and progress.
According to the told points, one can say that type of research was applied research and the way of collecting
information was library method, which has used book, antics, magazines, e-books etc. the mayor problem in this case
was hard ship in all easing the primary information and the lack of sources about special formalities, if there is they are
brief and summary zed. It has to be mentioned that this paper includes there chapters. first chapters is about condition of
presenting a case to the court that includes expense of legal investigation and how one can use legal agent, second
chapter is about conditions of referring claims to the judge and com promise and the third one is about implementing
official verdicts. Hope to be pleased by the chapter one condition of bringing the claim to court first is sac cost of
government claims.
Chapter I: Conditions relating to the filed lawsuit
First issue: the cost of litigation and claims government
legal investigation in the old and new law of legal investigation just evident of legal investigation cast has been defined
and according to article 502 of new law and article 681 of old law this expense includes price of paper that are given to
the court and cost of court verdicts in the old law some official expenses like conforming the copy paper with the
original one was in separate chapter that implied to in depended from legal investigation expenses , then the above
mentioned being free of (Mohajery,2002) expense doesnt include official expenses.
But in the new law, these expenses have been merged in legal invest gabion expenses. What is implied in both is that we
shouldn't confuse legal investigation cost with expense of government claim implementing verdicts (Shams, 2007).
According to article 690 governments was example of paying this expense, but even if the official organization was
changed.
Like anyone else they had to pay legal investigation expense of opposite side. There was a idea conflict about paying
those expenses between experts. Eventually according to the unification verdict no .652 in 1380/1 28, General assembly
of Supreme Court made government pays all those expenses. Haring passed the new law of legal investigation in 1379
and implication of article 529 about can calling the and legal investigation and its conflict ideas, there were some
conflicting ideas that whether all old laws are applicable for all official organizations or not. There are 2 point of view in
this case some jurists be lime that those organizations that activate according to article 690 of civil legal investigation of
old law are exempt from paying those expenses. There induction is that legislator will not only include words and
phrases written in the above mentioned article, but also this will is contagions in all similar rules and regulation and
article 529 in addition to cancel the civil legal investigation in 1318, has cancelled it 's appendixes , too. and in fact
exempt times are considered as a supervisor on organizations and institution special rules as a part of appendixes to civil
legal investigation that are abolished according to the abovementioned article. On the other hand it isn't beg I cal and
reasonable that some of ministries and organization's which there exemption were abolished according to article 690
specially general attorney at law that is forced to pay legal investigation expenses but some other organizations , which
have special relisting differentiation show a discrimination. The monastery of justice in advisory hypothesis by the
number of 1379-2-27-3-289 says all organization o official or private have to pay legal investigation expense unless they
are exempt for another reason. On contrary , the proponents of exemption credit believe that existent confrontation
between under discussion subjects were from the type of general and specific ion the other hand this idea has been
approved.
By the Iran's supreme court by the number of 13-50-8-6-212 so special rules about exemption of some organization and
etc and from return may the legal investigation expense doesn't have conflict with the general rule of government's
exemption abolishing exemption and expenses: and these rules are valid and apple cable (Mesbahi, Kamal al-Din &
Muhammadi, Ali, costs proceedings and debates of the site's exemption laws) .
After presenting these two point of views what is clear is that there is no reason for those who said government
organization aren't exempt with respect to procedure unification in this case in response to these who said that article 53
of civil legal investigation has general verdict and isn't defective. This rule is valid as long as there isnt article or
justification against it and these unique rules are some exceptions one that general rule and what seems is that maybe
there isn't justification for exemption of these wealthy organization. Some organization that is exempt from paying that
expenses are as follows.

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1- Pilgrimage endowments and charity of fairs organization according to an article in 2/28/1379 of Iran's Islamic national
council.
2-social security organizations 3- function of pear and handicapped people organization.4-Iran's Islamic republic post
ministry.5-Imam Khomeini's executive foundation. 6- Holy shrines of Imam Reza (s.w), Abdolazim Hazrat (PBUH) and
Imam Reza (PBUH):
That were exempt in 1363 7- Imam's supporting committee is exempt from paying those exposs. 8-exemption of
martyrdom foundation of Iran is because of some special rule .9- water and sews aye system organization. According to
the rules for 15 year ' s after establishment this department is exempt from paying that expanses 10- construction
foundation is exempt .11-physical education organization because this organization tires to give services to the people it
is exempt from paying the expense of legal investigation.
12-organization of (Mobilization and Revolutionary Guards) That before was exempt from paying those expenses but
now,. They have to pay legal investigation expanses. By a bill of Islamic council in 2-10-81 and (Guardian Council)
Confirming the main coincide (Asghar Zadeh Bonab,2000).
After introducing these organization that have exemption, through the Supreme Court we have to support these
organizations lees then other or make all organization pay those expenses that we have more reliable official justice.
Second debate: legal representative in government's claim being representative is a title that based on that, one can do a
law affair for someone else, by his/her expenses and to attain his/her benefits or affairs . Then there is a big difference
between legal representatives and(Shams, 2007) that is out of scope of this look being specific and specialized off airs of
low, need some know ledge able a expert in this case because they want to revive some one's oppressed rights. Inter
fervency of miss know ledge able and UN ware people in this field can damage the law procedure and the way of setting
up the justice.
Then legal agents have to have the fallowing quail fiction to be allowed to work as a legal representative. These quail
fictions they are mentioned clearly in article 32 of civil legal investigation are as follow:
1. Having bachelor of law mayor or 2 years of apprenticeship in legal offices of related departments.
2. two years experience of working as judge or attorney at law only if they aren't banned from being a judge or attorney
at to use of legal agent is on advantage that law doesn't let private firms hire those people who don't have attorney per it
as their legal reaper tentative and introduce them to the court for optimal using of this particular issue to keep the public
property, the legal representative have to be qualified based on those above mentioned requirements in article 32. Senior
executive of law department or his/her vice president are responsible for realize and test those quail fictions for the
applicants of this job .Intro duct ion paper should be given to the juridical officials it is clear that legal represent dative
doesn't have a lot of authorities as an attorney at law.
Chapter One: Organizations are allowed to use a legal representative
The first discussion allowed organization to use legal representation some of the legal entities, based on law, in addition
to use service of attorneys, they can present someone as a legal representation according to article 32 of civil legal
investigation call official departments, official institutions and their affiliating offices.
Official companies, Islamic revelation firms, municipalities in article 32 should be interpreted so that it doesn't include
bigger domain or rang, before going ahead .It is worth noting that contents of article 32 weren't in old law , but based on
paragraph a of proviso 18 of budget complementary law in 1347 passed in 3-25-1348, it said that all minis trees and
official institution in addition to have an attorney at law, far following up their legal claims, they can have a legal
representative, too but for knowing better, we have to have a look on computation law passed in 1366, we can attain a
suitable definition fir ministries, official institutions, official companies and general NCUS.
The article 2 of that says that ministry is a clear organizational un it that has been identified leased on this rule or
identified. Article 3 about official instituting says that is a clear organization and woks under the control of government.
Article 4 says official com pony Isa clear organizational un it that is established as a firm by the permission of law or by
the verdict of law or qualified court is nationalized or sequestrated and is known as an official firm the articles of this
rule about general NCOs that they are clear organization an it's that by permitting the law, come to give service to other
people these organization and firms are as follow 1-muni coalitions and their affiliating come ponies as long as more
than 50% of their shaves and assets belong to municipality 2- poor people and war handicapped foundation 3- red
crescent 4- Imam's supporting committee 5- Islamic revolution martyrdom foundation 6- Islamic revolution housing
foundation 7- Iran's Olympic committee 8- 15 the Khordad foundation 9- Islamic preaching organization 10- social

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security organization 11-Iran's Amateurish sports federation 12- jahad NOSr institution 13- foundation of special disease.
In this case there are more organization that are added to this list like Islamic preaching coordinating council, mariachis
library pandect(IBIO,P.P.216-217)
But about word "BANK" mentioned in article 32we should say that privatization procedure that is growing fast based on
principle 44 of Iran's constitution, put some official banks in to the representative in this case, the center of Islamic
council research states: on-government banks can't use legal representative in their legal cases. Then we can say that
financial and credit institution can't use legal represent tat ire.
Second debate: legal representative in official gustier center official just ill center, is the highest official decision- maker
based on paragraph a of article 7 of official justice center investigation guideline passed in 1379.
Being an attorney in the official justice center doesnt require attorney permit. In this cast a formal patron ship paper
should be given to this center. According to article 6 of above - mentioned giddiness, above mentioned entities, official
departments, municipalities and institution can inter, duce a representative to this center. So this contractual
representative can be an attomey at law, legal representative or who has legal guidance license.
Third debate: legal representative in penal affairs whether a representative in law affair cores ponds with criminal law o
not in penal affairs withers pact to article 185, a bore mentioned people cant have a legal representative, so the
minister, institution manager, official company manager and etceither they should act personally or refers to an
attorney at law. In fact sing someone else except attorney at law is consider clan an exception and against this rule. As
result in the new legal investigation (civil and criminal) authority of using legal representative just predicted in civil law
investigation, cant be used for penal cases (IBID,P.P306-his point is worthy thinking because when criminal has nothing
to say, we can use civil law investigation (Zeraat,2004).
We should infer appoint from that if an office managers or clerks make a mistake legal representative cant defend them
out if someone offends public property the legal representative can make a claim to the court.
What we conclude a bout legal representative is that her she can protect public property better became they are employed
and are afraid of not doing their job well. On the other hand legal representative knows better of their internal rule.
Second chapter: government claims judge and compromise
first debate: government claims judging
In the establishing rule of general and Islamic courts passed in 1373 for the first time they used the term of Judge
Consolidation3 ,.. According to aticle6 of a bore mentioned rule, both sides of claim can get. Him and enact their rights
Consolidation means judgment and giving verdicts. (Moin,1401).in fact he is someone selected by both sides of claim
and ask him o judge them (Langroodi Jafari, 2000).
Some jurists dont give credit to go to, Judge Consolidation just in criminal law. But some commented that in Islam legal
system there is o concept like that and some other consider that without any condition. Some other considers it legal in
the time of great absence and some other considers it as illegal. Some believe that impression of Judge Consolidation
requires both sides consent and some other dont consider satisfaction after verdict. Of course all above mentioned are
document for book, Islamic tradition and co thin king (Ardebili Mousavi,1986).
If we agree with judging we should consider how judgment is. We should observe the government judgment in the
present time lording to principle 1390 constitution.
In this case Iran has chosen the medium method according to the principle 139, the primitive referring of official
organizations to judgment is not banned as primitive principle but under special condition it should be passed by the
passed by the assembly of officials.(Abedi,2005 ). Governments financial contracts are signed based a government
transactional rules with domestic or foreign side Approval super vision of council in these cases is limited to Iran's
contract with foreign countries. About other contracts council is just informed and there is no need to its previous
passing. But in the case of conflicts, the constitution will engage itself more. The principle 139 says: the getting better or
peace in some claims about public and government property and its reference to judgment in every case is referred to
passing of assembly of official and council should be informed about that. In some cases that the claim is about foreign
countries and in some domestic cases, it should be passed by the council. In government's claim the base is council trust.
If other wise, council can blame the government but in important domestic claims, in addition to ministers assembly, it
should be passed by the council and highlight the important and vital point, these important issues should be explained in
Identity flying the important tips we can' t present the criteria of quantity com politely and can' t just consider the
political aspect of this matter on other hand, the main council.( Guardian Council) hasn't declared it' s interpretive
comment about article 139 of constitution but be case they consider quantity of claim and social and political aspects too,

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the best way for identifying them is counting them by the legislator. About government's financial claims with foreign
countries, it should be passed by the council surely (Hashemi,2005). none of the sides of transaction can refer to their
domestic rules and laws. In the present time reach to economical development isn't possible, but by contract with foreign
companies. And foreign countries don't adept our rules and prefer the judge meant and limitation of judgment admission
can be an important factor or ignoring them from contracts so, complete deletion them from the from the scene of
legislation, the required mental peace will be possible in signing contract and putting forward the economical macro
goals additionally. It enhances the managers initiative and official companies legal managers, so that we hope to see
their commitment.
Although this inference isnt acceptable so mud, but if covers just one dimension it seems that defendable idea is that I
den which we do our best in our way.
We can say that a commission consisting of selected agents of Islamic council and government assembly take the
responsibility of duties in constitution article 139. Because either Islamic council can do its best and supervise through
some know ledge able and expert people or government will be able to have this ability. This approach cause to province
other goals, which is economical progress so the government choose those actions that arent troublesome in the present
procedure, because of some problems that this article has we should limit its scope. Before claiming to the court, if there
was condition of judger there was no need to this troublesome procedure.
Second debate: setting down government's claim
First discussion: limitation of government claims
However, some parts in the new civil legal survey say that setline down and peace is just for real persons and in the first
discussion of chapter nine with calling in the both sides to some legal entities like plain tiff or defendant they let them
compromise, while in second chapter they accompanied the request of compromise with every ones special needs. But it
doesn't seem that to deprive legal entities from giving compromise petition isn't justifiable. I few want to measure the
compromise about government and general organization in some of them we should consider a limitation and in some
other we should consider banning of com promise for these claims.
We shouldn't imagine limitation as government can' t compromise when is in the form of do fen dent or plaintiff but also
government should pass some procedures, so that legal entities do something correctly and they prevent any wasting
about public property. Settling down of any claims about public and official property in every case is dependent on the
ministries' decision.
In some cases that the other side is a foreign entity and in important domestic case it should be passed by the Islamic
council. More important cases are determined by the rule. Unfortunately, there are no obvious criteria in this case and we
don't want to repeat it anymore. A government financial conflict is related to public benefits. If beside a legal solution;
there is supposed to be compromise and peace this should be done by prove of Islamic council.
Proving the official assembly in this case can relate to Government Corporation. The application of informative
supervision will more clear when the hair splitting eyes of people and council is looking out them (Najafi, M.&, M.,
Faryad,2000)then, departments and official organization that are on one side of contract should attract the council of
ministries agreement. But in some contracts, the way of solving the conflict is predicted as compromise or judgment.
About those contracts, which are signed without direct supervision of council the predicted requirement in contract about
referring to judge or settle down, doesn't abolish council's right in the 139 principle and national council should be
informed. About that contract which their establishment should be passed by the council based on constitutions 77
principle maybe some solutions are predicted either compromise or settle down. Apparently it seems because council has
proved a contract while signing it, when conflict, no need to council agreement, again if they emerged conflict is big,
council should interfere more.
Second discussion: for bidding government's claim reference to compromise one of the organizations responsible for
solving conflicts and compromise is the council of soling conflicts dispute resolution council.
There is a question whether there is a difference between government's claims with others? In 4-4-1386, there was an
official bill to all legal department of conflict solving council has been sent and issued which is worthy contemplating
and conflict confesses that conflict solving council wasn't successful in legal claims, as if in some cases there is no
complete supervision on them. Besides some procedures that courts consider toward this issue, it seems that article 10 of
conflict solving council has told the last words and banned these cases to this council.

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Third chapter: implementing government's verdicts.


In majority of cases, by his claim, the plain tiff doesn't want to do some red tape, but wants to execute courts verdict. So
implementing is more impotent than issuing verdict. Because of implementing the verdicts a right will be revived.
According to that implementing there edict is of high importance (Mohajery,2002).implementing means imposing the
issued verdict to a villain that have their special rules unless those cases which are declared in guidelines. Here we have a
look on formalities of government implanting the verdict.
First Topic: the prohibition of government confiscations
The first discussion is topping the sequestration of official property when someone has a conflict with an official
organization and court gives a verdict for him, he will look at convicted in tow point of views, first because government
supports the convicted he/she can' t impose a hard ship for convicted and another point of view and maybe concern is
long process of legal procedures, while some principles like the verdict implementing immediacy, to be implemented
principle and principle of official mangers banning in preventing the verdict implementation don' t discriminate between
all the people, but after Islamic revolution, there were some changes that are as follow :
The article 2/14/1362: all funds and portable and non- portable properties be long to municipalities either in the banks or
in the authority of municipalities or in the authority of third person before issuing the final Verdict aren't ban able by the
court. Municipalities are forced to the damage loss to the oppressed one from their net year financial budget. Note: If it
will be clear that municipality refused paying the loss to the claimant, the mayor will be laid off for one year.
Another rule deter mines the source that official organization should pay their fines to the claimant that is determined in
their appointed budget, if these fines aren't appointed in the budget plan, they have to pay the fine from another financial
source. The ministries of justice, real estate register office and other official and legal authorities arent allowed to ban
and sequestrate departments portable and non- portable properties against a condemned official organization till passing
and declaring of next budget is aunt for 1.5 year after they issued the court verdict. 13y government is exempt from
paying any financial support in that time.
If it is approved that any organization or official department doesn't want to pay its fine while having enough money ore
source and credit, the criminal manager or managers will be charged for,One year lay off of his job and if he/she made a
big loss on that oppressed one should compensate that financial loss.
Proviso 1: the charged organization should give a security to the court to assure oppressed one about his job. If this
security was more than wanted, it would be returned.
proviso 2: proviso53 of 1357 budget law and proviso 18 of loud get rule in 1334 will be cancelled according to the law
of forbidding the sequestration of portable and non-portable property to the municipality, no one can arrest municipality
properties, and for paying their fine (official organization) they have one year as lucky break so, similar entities that have
the same duties as municipality. Doesn't have these merits and ad van age unlike some people' s in revenge that
considered the rule of paying fine and loss to the oppressed one abolished, but it seems that this rule is applied yet. There
is a criticism about giving 105 year to the charged person because everybody knows that all official organization has
enough budgets for paying that.
Second debate: expense of verdict implementing against government this expense is divided in two categories the cost
of verdict implementing that happens in all claims and it is inevitable are some other costs that may come while fighting
or not. The first category is our objective in this paper. Whatever doubts jurists are the lack of explicitly in telling law
texts.
Whether this new passed law will abolish another rule or not; They main point is paying the cost of verdict
implementing, that is agues ion whether those expanse which government should pay is a game with words or not? But it
will be no sense if pay we charge government and get them some money as affine! But any country that is built based on
law and discipline, this money will be gotten and will belong to the treasury office whish will n' t be useless. Following
the guideline number:1-79-333. 6 in 3-19-1379 sent to all Iran's general and Islamic courts, all verdict in lamenting.
Units and real estate registration office following guideline no: 12093/m in 10-12-1366 have to get fine (monetary or
goods) from all entities, even if they are official organization and offices. Judges are responsible for doing these rules
well. We shouldn't forget that the way of financial charge implementing rule just includes real entities and doesn't cover
the legal entities. General Secretary is the representative of a real entity and we cant impose a verdict and charge on a

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representative unless by the official verdict. Official departments, banks, official companies and municipalities aren't
exempt from paying those expenses(legal office comment issued in formal news paper in 1374 )and government should
pay all those expenses to the court, but some expenses like Registration fees or semi Registration fees or semi tenth
,aren't paid by the government all expenses that are required for implementing a verdict lake some money that should be
paid to the court foraging the deposit or getting a check out statement Recoupment account and because of charged
refusal from paying or when he/she isn't accessible, the oppressed one should pay all those expenses, all in paragraph 2
of article 158, and oppressed one doesn't' t need to bring a claim again to the court for getting them back. Because of
official department exemption from paying Registration fees and semi tenth passed in 1334 have been cancelled based
on articles 160 and 180 of new law, but it is applicable for other expenses.
If justice ministry tries to implement a verdict according to article 160 and 180, all the implementing expenses will be
received from convicted one including official departments or other, but according to new law, government offices are
exempt from paying Registration fees or semi tenth according to the latest part of article 217; Also by having a look to an
advisory.
Hypothesis that says: based on paragraph 22 of article 3 of receiving some official in comes and using it in some specific
cases. Has determined the authority of non- justice ministry in non-financial off airs.
II. CONCLUSION
in a society based on and built on justice, shouldn't be chaos in laws this paper has investigated the procedure of
investigating of government claim and identified some related areal. One worthy noting point is that we shouldnt just
focus on positive point and ignore negate points all surveyed rules and law hen are in 3 categories. First part are those
laws that government deserves to have them including legal represent attire second part are those laws that investigate
government claims there is no priority of government on other people, and they hound be deleted. Official public
organizations exempting from paying legal investigation cost and cost of implementing the verdicts are those laws that
government is equal with others toward them.
The third one is those laws that are necessary for the government but their content is defective like government claim
judge or compromise. If there is no review, maybe there will be damage for the government credit in long term.

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