نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
According to Article 29 of the Code of Criminal Procedure, judicial officers are divided into two categories: general and special judicial officers. This division is based on their competence in all or a specific range of crimes. According to Articles 30 and 36 of this law, in order for an officer to be in the position of an “officer,” whether general or special, and for his report to have legal and judicial validity, he must meet certain conditions. Some of these conditions are related to the officer himself and some are related to the report prepared by him. According to Article 30, “obtaining the title of judicial officer” requires, among other conditions, “obtaining a special card for judicial officers.” It is clear that if he does not meet the conditions of this article, including the special card, he is not considered a judicial officer and cannot intervene in the discovery or investigation of crimes in this position. Despite the stipulation of Article 30, the General Board of the Supreme Court, in its unanimous decision No. 848, has considered persons who do not meet the requirements of Article 30 and officers who do not have a bailiff card as “officers” and has considered their crimes to be under the jurisdiction of general courts. The present study, using a descriptive-analytical method and utilizing library tools, while analyzing judicial practice, seeks to answer this fundamental question: whether persons who do not meet the requirements set forth in Article 30 of the Criminal Procedure Code, such as a special card, can really be considered “judicial officers” or not? The findings of the study indicate that Unifying Decision No. 848 is inconsistent with the teleological interpretation of Article 30 of the Code of Criminal Procedure, and its acceptance would result in extending the status of judicial officer to persons without a special card and, consequently, in granting legal validity to their actions and reports, which is contrary to citizens’ rights and freedoms.
کلیدواژهها English
الف) منابع فارسی
ب) منابع انگلیسی
