The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Judge Recusal: Previous Opinion Made in a Criminal Case and Its Effect on Civil Proceedings; A Critique of the Judgment Rendered by the Second Branch of the Eshtehard General Civil Court

Document Type : A critique of the civil court's judgment

Authors
Hosein Davoodi 1
mehdi hadi 2
Farshad Ahmadi Hesar 3
1 Assistant Professor, Faculty of Law and Political Science, Kharazmi University of Tehran, Tehran, Iran
2 Doctoral student of Private Law, Faculty of Law and Political Science, University of Tehran
3 Master's degree student in International Law, Farabi School of Law, University of Tehran, Qom, Iran
10.22034/analysis.2025.2069843.1110
Abstract
Observance of procedural rules in proceedings is essential. What typically guarantees a fair trial is compliance with these rules. It may even be said that procedural rights, apart from substantive rights, are considered an independent right for the individual.This article examines the points related to procedural rules by reviewing the judgment number 140401390002302852 issued by the Second Branch of the General Legal Court of Eshtehard County.Specifically, this research attempts to analyze several important and common points in dealing with legal claims.The first step is to recognize the philosophy behind the creation of judge recusal based on a previous opinion and the limits of its application.On this basis, a new interpretation of paragraph "d" of Article 91 of the Civil Procedure Code has been presented.Accordingly, an order to refer a case for trial in a criminal court is considered a substantive decision. Therefore, the judge who previously in civil trial made such a substantive decision in handling the criminal aspect of the case may also be announced as disqualified.In other words, it is not possible to deal with the legal aspect of a dispute whose criminal dimension has already been handled by the same judge.In addition to this, the conditions required for initiating a lawsuit to be considered an actual confession of an issue have been identified, and the status of the right to sue with a confession, as well as a confession against a judgment issued contrary to the content of the confession, has been examined.Also, cases where the defendant's defense can only be heard through a counterclaim were explained, and finally, the concept and importance of the reasoned and documented judgment have been analyzed.Given that these cases are very likely and common in legal precdent and the dealing with legal claims, the analysis of these cases can be used in the handling of similar claims.
Keywords
Gift
Recusal of Judge
Delivery of Possession
Legal Admission
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The Journal of Critical Analysis of Judicial Decisions
Volume 4, Issue 8 - Serial Number 8
January 2026
Pages 186-209