THE JUDICIARY’S LAW JOURNAL
Year:2010 | Volume:74 | Issue:69|Papers Count:7

Articles 22 and 23 Islamic Punishment Law considers the plaintiff’s forgiveness before issuing decree and article 277 General and Revolution Courts Criminal Procedure Law is dedicated to his forgiveness after issuing decree. The present paper, which is a summary of a criminal case, intends to answer the question that if the plaintiff forgives before issuing the absolute decree and his forgiveness is taken into consideration in the decision of the court of first instance, can forgiveness after issuing decision mitigate the penalty or not.

Correct categorization of punishments is a concern not only for lawyers but also for legislators. The history of enacting criminal laws in Iran shows that in different times, the categorization of punishments has changed. After the Islamic Revolution, punishments were first classified in four and then in five different branches; Finally, Islamic Punishment Bill predicted four categories. This paper will consider reasonable of the five-class categorization, emphasizing on the precise statement of Tazirat and preventive punishments.

The prediction of late payment damage in cash obligations has faced two seemingly contradicting expediencies. On one hand, the doubt of its being usurious has made jurisprudents of the Guardian Council to frequent and serious reaction and on the other hand, its non-acceptance causes unfair damage to the warrantee and probably the abuse of the debtor.By enacting article 522 of Civil Procedure for General and Revolution Courts in 1379, the legislator tried to solve the problem of late payment damage in currency cash obligations. Despite the criticism of this act, it does not solve the problem in obligations rising from commercial bills (bill, promissory note, check) clearly. Moreover, reading the aforementioned article with other regulations prescribed for commercial bills on this subject has caused some obscurities.

Due to the growing development of technology in recent times, great changes have occurred in man’s life, having positive and negative aspects; among the most important achievements is the telecommunicative progress which has brought human from telegraph and first telephones to internet phones. Such progress has caused commitment of many crimes, including communicative ones, which can be divided into pure telecommunicative and telecommunication-related crimes; each of these classes includes a wide spectrum of crimes.The first category constitutes of crimes committed with telecommunicative tools and crimes against telecommunicative systems; while the latter consists traditional crimes which are transformed by telecommunicative systems.In the Iranian legal system, despite the attempts to cover the instances of such crimes, a lot of partial and limited regulations and flawed criminalization have been made; a fact that necessitates a change in legislator’s approach and carrying out structural amendments in this field.

For the commercial bill to be able to fulfill the two principles of speed and precision in transactions, it is necessary to have certain characteristics and be transformed from an affirmative proof (like common official papers) to moveable and moral property and be valid independent from basic transactions and relations. In this way, as the bill exists, it can’t be denied; it is valid and the validity is independent from basic relations. So, there is no doubt in the credit reflected in the bill and consequently, speed in commerce is gained. Some of the characteristics of commercial bills fulfilling these goals are: Bill operations being commercial, procedural and definitive; the principles of transferability of bills, joint and several responsibilities of signers of bill, sign independence, isolation of bill operations, unreliability of objections and the principle that liabilities arise from the bill.