Pathology of criminal policy in issuing Unified Judicial Precedent

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Narehei Zarqam; Fathi Morteza

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2024 | Volume:88 | Issue:126 Page(s): 61-90

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Information Journal Paper

Title

Pathology of criminal policy in issuing Unified Judicial Precedent

Author(s)

Narehei Zarqam | Fathi Morteza | Issue Writer Certificate

Keywords

Criminal Policy

precedent

Supreme Court

Law

Interpretation

Abstract

In Iran's legal system, binding judicial precedents should be sought in Unified Judicial precedent. Therefore, Unified Judicial precedents are considered as the main sources of Law. Now, if we believe that the precedent is formed due to stability and continuity; Requiring all judicial authorities to follow a certain interpretive opinion that is issued a few months after the approval of the Law cannot be considered a "precedent". Because, in this sense, the Interpretation position of the Supreme Court has been reduced to legislation. Considering the mentioned criticism, present research has tried to analyze the content of fifty-eight Unified Judicial precedents issued between 1392 and the end of 1401 Solar Hijri, while explaining the philosophy and position of the Unified Judicial precedent, classifying the Unified Judicial precedent, and extracting the components Criminal Policy of the Supreme Court of Iran. These components include the lack of regulated methodology in Interpretation, adopting a lenient Criminal Policy and violation of the Law. In addition, the reasons for the large number of Unified Judicial precedents, in the above-mentioned duration, are minimal participation of executive agents in the approval of Laws, dispersion and experimental nature of Laws, and the lack of coherence between legislative and judicial Criminal Policy.

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