Interim Order in Criminal Matters

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RAHMDEL MANSOUR

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Journal Paper

Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2018 | Volume:6 | Issue:11 Page(s): 105-130

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Information Journal Paper

Title

Interim Order in Criminal Matters

Author(s)

RAHMDEL MANSOUR | Issue Writer Certificate

Keywords

Interim Order

Criminal Procedure

Civil Procedure

Urgent Cases

Abstract

Article 310 of the Iranian Civil Procedure code explicitly refers to the “ Interim Order” and provides “ in cases which need urgent decision making, the court can issue an Interim Order on the request of the beneficiary person. ” So, it seems that the article prescribes Interim Order in Urgent Cases in addition to the urgency, which the court realize it, essentially the beneficiary person should deposit some money as likely damages. In Criminal Procedure code, the legislator does not explicitly refer to Interim Order. But, in some other laws including in note 1 of article 690 Islamic Penal Code 1996 somehow refers to the urgency and provides that “ the judicial authority, by writing a minute will issue an order of stopping the operations of the trespasser till the issue of a final judgment. ” The question is that whether in criminal matters, concerning the crime as public claim, the judge can issue an Interim Order? Whether the subject of the note can be considered as an example of Interim Order? Whether the legislator has basically considered Interim Order in criminal matters? If there is a possibility of issuing the Interim Order then what are the conditions for issuing it? What are the competent authorities to issue such an order? What are the similarities and differences between the Interim Order in Civil Procedure and Criminal Procedure? This article considering the hypothesis that in criminal cases the legislator has paid attention to Urgent Cases and there are differences and also similarities between Interim Orders in criminal and civil cases, explains the various aspects of the Interim Order in criminal matters and responds to these questions.

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APA: Copy

RAHMDEL, MANSOUR. (2018). Interim Order in Criminal Matters. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 6(11 ), 105-130. SID. https://sid.ir/paper/269774/en

Vancouver: Copy

RAHMDEL MANSOUR. Interim Order in Criminal Matters. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2018;6(11 ):105-130. Available from: https://sid.ir/paper/269774/en

IEEE: Copy

MANSOUR RAHMDEL, “Interim Order in Criminal Matters,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 6, no. 11 , pp. 105–130, 2018, [Online]. Available: https://sid.ir/paper/269774/en

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