Criticism of the Dispute Resolution Council Law Approved in 2023 in the Criminal Procedure Law

Khani, Mirhamed; Dehghandar, Mojtaba

doi:10.22034/jccj.2024.476651.1656

Criticism of the Dispute Resolution Council Law Approved in 2023 in the Criminal Procedure Law

Document Type : Original Article

Authors

Mirhamed Khani ¹

Mojtaba Dehghandar ²

¹ Researcher in Criminal Sciences and University Lecturer, Tehran, Iran. (Corresponding Author)

² Researcher in Criminal Sciences and University Lecturer, Tehran, Iran.

10.22034/jccj.2024.476651.1656

Abstract

In 2023, the legislator approved a law entitled the Dispute Resolution Council Law, which is an amendment to the Dispute Resolution Council Law approved on 2023. In article 4 of this law, Magistrate court is foreseen and after many years, this title has been returned to the Iranian judicial system. In article 12 of this law, it deals with the powers of this court and paragraphs 9 and 10 of this article are dedicated to the criminal powers of this court have given. In the present study, according to the descriptive-analytical research method and using library tools and research in court laws and procedures, it was shown that the formation of Magistrate court, as well as the last mentioned clauses and comments related to it, in some The cases are in conflict and different with the Criminal Procedure Law approved in 2013 and the general criminal courts and will challenge the judges in the implementation.

Keywords

Magistrate Court

Direct Proceedings

Dispute Resolution Council

Criminal Procedure