The form of State affirmed by the Constitutional Charter of Iran (definitively approved by the Iranian population, with universal suffrage and the 98 per cent of the votes the 15 November 1979, and from that moment in force) certainly constitutes one of the most articulated contemporary attempts of harmonization between Law and Ethics, in which obviously the ethics of which is treated is Islamic -sciita.
The Supreme Guide
The highest authority of the Islamic Republic is the Guide (Leader) - or alternatively the Governing Council (Leadership Council) - which exercises the combined political and religious powers and in itself is therefore the most significant expression of integration , typical of Islam, between the religious sphere and the political sphere (see Article 5).
The first Guide of the Islamic Republic of Iran, the Imam Khomeini, assumed this position as founder of the Islamic Republic itself and its theological guardian (vali-e faqih). After the disappearance ofImam Khomeini, on 3 June 1989, the Assembly of Experts elected Ayatollah Seyed Ali Khamenei as his successor.
The original text of the Eighth Party of the Constitution has been modified in the 1989 by some amendments, which have specified the contents of as many Articles: the Leadership Council has been canceled, and the task of electing a single task has been entrusted to the Assembly of Experts (see Art. 108) Guide (the paragraph was then drawn that provided that the election of the Guide could also be entrusted directly to the people, as was the case with the settlement of theImam Khomeini). The Assembly of Experts was thus also charged with declaring the Leader lapsed from his office in the event of his incapacity to perform the tasks assigned to him, or the loss of the requisite requisites, or of the knowledge that he was not in possession of it at the time of his election.
The Leader today is no longer required to be the supreme theological authority (marja-e taqlid) recognized as such by the Shiites; it is sufficient that he possesses adequate science and knowledge to be able to issue edicts on the basis of various chapters of the Islamic Canon. His powers and duties - which he can however delegate to his own representatives - are as follows:
a) to determine the general policies of the country after having consulted with the Council of Opportunities (see Articles 91 - 99), while maintaining the right to a final decision;
b) vigilare sull’adeguata applicazione di tali linee politiche;
c) to hold referendums;
e) confer - or withdraw - the office, or accept its resignation, to the Islamic jurists members of the Supervisory Board, to the Head of the judiciary (see Articles 156 and later), to the Director of the Radio- Television, the Chief of the General Staff of the Army, the Commander of the Corps of Guards of the Islamic Revolution, the Commanders of all the Armed Forces and Police;
f) to act as General Commandant of the Armed Forces;
g) declare war or peace and order the mobilization of forces;
h) resolve any disputes between the Heads of the three branches of the State and regulate their mutual relations;
i) sign the decree of ratification of the nomination of the President of the Republic after his election;
l) decree the resignation of the President of the Republic for reasons of national interest, in the event a ruling by the Supreme Court declares him in default to his duties or a vote of Parliament qualifies him as inadequate to the function;
m) granting pardon to prisoners or commuting penalties to which they have been convicted, following a recommendation by the Chief Judge;
n) proceed with the solution of otherwise unresolvable issues using the Council of Opportunities.
Regarding the Assembly of Experts (Majlis-e Khebregan), the idea of giving life to an entity of this type arose following the discussions and debates, started in the immediately post-revolutionary period, with regard to the need to establish a Constituent Assembly for the elaboration of a Text of Constitution. When the majority of the electorate voted in favor of the establishment of an Islamic Republic and the abolition of the monarchy in the double question referendum of April 1979, it was decided to submit the draft of the Constitutional Charter to an Assembly to discuss it and more Later it was a matter of referendum. Thus was convened the First Assembly of Experts, which after discussing the draft of Constitution presented by the Provisional Government and having amply amended it, submitted the final text to a popular referendum on December 2 1979. After that, the Assembly was dissolved. The ballot for the Second Assembly of Experts, in accordance with art. 108 of the Constitution, was held in December 1982, for the election of 83 members, of which 76 were elected in the first session, and 7 in the second session. In April 1988 there were partial elections for the replacement of the deceased Assembly Members. The elections for the Third Assembly of Experts (by universal suffrage) were held in October 1999.
Members of the Assembly of Experts do not impose any limitation on the right to perform other functions simultaneously, for example as Members of Parliament or Ministers. As a result, many politicians and senior officials are also members of the Assembly of Experts. However, one of the main differences between the First Assembly of Experts and the Second consists in the fact that the Members of the Second all belong to the clergy. The Assembly of Experts has the obligation to meet at least once a year. A legislative provision provides that the sessions take place in the city of Qom, but almost all of them are convened in Tehran, for reasons of opportunity. Nonetheless, the Secretariat of the Assembly of Experts is based in Qom. The Directorate of the Assembly of Experts consists of five members.
l Executive Power
According to the Art. 60 of the Constitution, "The Executive power is exercised by the President of the Republic, the Prime Minister and the Ministers", and the relative norms are specified in the Ninth Part of the Charter, Articles 113 and sgg. So in the original text we speak of "Prime Minister"; however, some amendments were adopted in July 1989. According to them, the figure of the Prime Minister was abolished, and all the prerogatives that previously belonged to her were assigned to the President of the Republic. The only significant difference between the two offices lies in the fact that the Prime Minister, as an autonomous figure, was previously subject to the vote of confidence before being able to proceed to form the government; from 1989, the necessity of the initial vote of confidence has failed, as the Premier-President receives legitimacy directly from the people at the time of the presidential election. Consequently, at any point in the text we speak of "Prime Minister", in reality we must now refer to tasks and prerogatives currently owned by the President of the Republic.
It should also be remembered that the task of coordinating the three powers of the State was transferred from the President to the Revolution Guide by the 1989. Moreover, today the President can appoint more Vice-Presidents, one of whom is delegated to assume the presidential functions in certain cases. In fact, based on the amendments of the 1989, the task of replacing in its functions the President in the event of his death, dismissal, dismissal or absence of more than two months was entrusted to the Vice-President; such passage for is subject to the consent of the Revolution Guide. In the absence of such consent, the Vice-President assumes the task of organizing the new presidential elections within 50 days.
As a result of the amendments passed in the 1989, the President-Premier, having received direct legitimacy from the people at the time of the presidential election, is no longer subject to the vote of confidence or initial mistrust by the National Assembly. However, Parliament still retains the right to question the President and possibly make him a vote of no confidence once he has assumed the functions of Prime Minister. In this capacity, the President is obliged to answer in Parliament the interpellations signed by at least a quarter of the Parliamentarians; each Parliamentary can forward to the individual Minister interpellations related to matters that fall within the scope of his responsibilities; the motions of no confidence in individual Ministers must be signed by at least ten MPs. The Minister who receives the vote of no confidence is dismissed and can not be part of the government that is formed immediately after the one in office. For a motion of no confidence in the President-Premier, at least one third of the Parliamentarians must be signed. To remove him, the vote of no confidence of at least two thirds of the National Assembly is required.
The President's Office (Nahad-e Riassat-e Jomhouri) consists of the President's Secretariat, Vice Presidents and Councilors. After the Revolution, a special department (still in operation) was created at the Presidency to which all the archives and documents of the Organization for National Intelligence and Security (savak) were entrusted, that is the political police of the monarchical regime, the which had been dismantled.
The Organization for Budget and Economic Planning (Sazeman-e Barnameh va Budjeh) is also administered by the Presidency, which includes: the Iranian Statistical Center; the National Cartographic Center; the IT Center; the Iranian Data Processing Company (formerly IBM); the Remote Assessment Center (applied satellite research).
In addition, they are headed by the Presidency: the Organization for Civil Employees and Administrative Affairs (Sazeman-e Omoor Estekh-dami goes Edari Keshvar), which coordinates government bodies, issues the rules for hiring civilian employees, and elaborates organizational status for new training organizations; the State Management Training Center of Iran (Sazeman-e Amoozesh Modiriat Sanati Iran); the Organization of the National Archives of Iran (Sazeman-e Assnad-e Melli Iran) which holds all government documents; the Civil Retirement Organization (Sazeman-e Bazneshastegi Keshvari); the Organization for Physical Education (Sazeman-e Tarbiat Badani); the Organization for the Protection of the Environment (Sazeman-e Hefz-e Mohit-e Zist); the Atomic Energy Agency (Sazeman-e Enerjy Atom).
The prerogative of the Prime Minister-President to present to the National Assembly the Ministers of his choice is to some extent limited, as regards the Minister of Justice, by Art. 160 of the Constitution, according to which the Prime Minister can choose him only within the shortlist of candidates proposed by the Supreme Council of Justice.
Iran's IR government consists essentially of 22 Ministries.
a) Ministry of Foreign Affairs (Vezarat-e Omoor Kharejeh). They are headed by: the International Relations High School (founded in 1983, prepares diplomatic staff); the Institute for Political and International Studies (IPIS).
b) Ministry of Internal Affairs (Vezarat-e Keshvar). They are headed by: the State Registry of Civil Status; the Gendarmerie; police; the Committees of the Islamic Revolution.
c) Ministry of Justice (Vezarat-e Dadgostari). They are the head of the State Notarial Department for Scriptures and Real Estate; the Official Journal Body; the Forensic Medicine Department; the Institute of Experts Administration of Justice.
d) Ministry of Defense (Vezarat-e Defa). They belong to you: the ETKA Company Company, for the supply to the Army personnel; the Fakhr-e Iran weaving and knitting company; the Bread Production Company; the Defense Industrial Organization, which produces armaments; the Electronic Industries Company; the Iranian Airlines Industries Company; the Iranian Company Maintenance and Modernization Helicopters; the Accumulator Energy Production Company.
e) Ministry of Economy and Finance (Vezarat Omoor Eqtesadi va Daraie). They are headed by: the Customs Administration; the Iranian Agency Investments and Economic and Technological Subsidies; the Financial Organization Expansion Properties of Production Units; the Electronic Calculator Services Agency; the Verification Body; the Iranian Central Insurance Agency; the Iranian National Company Public and Custom Deposits; banking institutions: Central Bank of Iran, Banks Ostan, Banca Tejarat, Banca Sepah, Banca Saderat, Banca Industrie and Mines, Banca dell'Agricoltura, Banca Melli, Banca Alloggi and Banca Mellat.
f) Ministry of Industry (Vezarat-e Sanaye). The Ministry exercises its control prerogatives on the industries through some structures; the main ones are: the Development and Industrial Renewal Body (IDRO); the Iranian National Industries Agency (NIIO); the Iranian Standard Institute and Industrial Research; the Iranian Tobacco Monopoly.
g) Ministry of Mining and Metals (Vezarat-e Ma'adan va Felezzat). They are headed by: the National Geological Agency; the Iranian National Company Mines and Foundries; the Iranian National Steel Company; the Iranian National Company Mining Exploration; the Iranian National Company Copper Industries; the Iranian National Lead and Zinc Company.
h) Ministry of Petroleum (Vezarat-e Naft). They are headed by: the National Iranian Oil Company (NIOC); the Iranian National Gas Company (NIGC); the Iranian National Petrochemical Company (NIPC); the Iranian Petroli Offshore Company (IOOC); the Iranian National Trivellazioni Company (NIDC); the Iranian National Oil Company (NITC); the Kala Company Ltd .; the Ahwaz Factory Condotte.
i) Ministry of Agricultural and Rural Development (Vezarat-e Keshavarzi va Tosa'e Rustaie). This ministry is home to numerous research and other centers. Among the main ones: the National Authority for Forests and Pastures; the Plant Protection Agency; the Institute of Research Improvement and Supply Sowing and Shooting; the Research Institute Pests and Plant Pathologies; the Institute of Soil and Water Research; the Iranian Cheese Company Company; the Agro-Industrial Company Cane da Zucchero Haft Tappeh; the National Carni Company; the Silkworm Breeding Research and Promotion Company.
l) Ministry for the Reconstruction Crusade (Vezarat-e Jahad-e Sazandegi). The eponymous post-revolutionary institution created to coordinate reconstruction initiatives in rural areas has been transformed into a Ministry in 1983. Its task is to promote rural development, solve the problems of nomadic tribes, provide assistance and aid to livestock breeders, promote rural industries, etc. This Ministry is headed by the Fishing Company (Shilat).
m) Ministry of Commerce (Vezarat-e Bazargani). They belong to you: the Central Organization for Cooperation; the Export Promotion Center; the Tea Authority; the Cereals Organization; the Sugar Body; the Consumer Protection and Producers Organization; the Trade Services Promotion Agency; the Iranian State Trade Company; the Storage and Construction Company Deposits; the Iranian Insurance Company; the Merchant Marine of the IR of Iran.
n) Ministry of Culture and Higher Education (Vezarat-e Farhang va Amoozesh Aali). They belong to you: the Iran Cultural Heritage Agency; the Scientific and Cultural Publications Center; the Scientific and Industrial Research Center; the Institute of Cultural Studies and Research; the Research Center for Applications and Properties of Materials and Energy.
o) Ministry of Culture and Islamic Guidance (Vezarat-e Farhang va Ershad-e Islami). They belong to you: the Mecca Pilgrimage Body, the Donations and the Works of Charity; the IRNA National Press Agency (Islamic Republic News Agency); the Tourism Centers Authority.
p) Ministry of Education (Vezarat-e Amoozesh va Parvaresh). They are headed by: the Association for the Intellectual Development of Children and Youth; the Guardian Society and Instructors; the Organization for Educational Programming and Research; the National Organization for the Modernization and Equipment of School Institutes; the Movement for Literacy (Nehzat-e Savad-Amoozi).
q) Ministry of Energy (Vezarat-e Niroo). They are headed by: the Water Resources Research Institute; the Hydraulic Engineering Services Company (Mohab); the Construction Company Dams and Irrigation Plants (Sabir); the Fonti Energia Engineering Services Company (Mashanir); the National Production and Energy Supply Company (Tavanir); Iranian Equipment, Production and Supply of Electrical Energy (Satkab); the Regional Waters Council; the Regional Electricity Council.
r) Ministry of Health (Vezarat-e Behdasht, Darman va Amoozesh Pezeshki). They belong to you: the Pasteur Institute; the Institute of Nutrition and Food Industry; the Blood Transfusion Agency; the Ente Lotta alla Lebbra; the Social Security Agency; the National Pharmaceutical Company; the Social Protection Agency; the Employees Retirement Bank; the Red Crescent; the Sanitary Presents of all the cities.
s) Ministry for Housing and Urban Development (Vezarat-e Maskan va Shahr Sazi). They belong to you: the Ente Alloggi; the Urban Territory Authority; the Iranian Company Industrie Construction Lodging; the Housing and Buildings Research Center.
t) Ministry of Information (Vezarat-e Ettela'at). This Ministry was created in 1983 with the task of protecting national security, operating in counter-intelligence and dealing with the outlawed political groups. There is no affiliate structure.
u) Ministry of Labor and Social Affairs (Vezarat-e Kar va Omoor Ej-tema'i). They are headed by: the Professional and Technical Education Organization; the Institute for Work and Social Protection; the Refugee War Tax Foundation (with this name the war of defense is defined by the Iraqi aggression during the eighties).
v) Ministry of Posts, Telegraphs and Telephones (Vezarat-e Post, Telegraph va Telephone). They are headed by: the Iranian Telecommunications Company; the Compagnia delle Poste; the Telephone Company.
w) Ministry of Roads and Transport (Vezarat-e Raah va Tarabari). They belong to you: the IR Railways of Iran; the Ports and Mercantile Marine Entities; the Civil Aviation Authority; the IR Airlines of Iran (Iran Air); the National Aviation Services Company (Asseman); the National Meteorological Agency; the Road Safety Equipment Production Company; the Construction Company Roads, Machinery Maintenance and Equipment Supplies; the Iranian Development Roads Agency; the Technical and Mechanical Laboratory of the Ground; the Russian-Russian Transport Company.
z) Ministry of Cooperatives (Vezarat-e Ta'avon).
The Ministry of Budget and Economic Planning had been created in the 1985 (until then its functions had been exercised by the organization of the same name, directly controlled by the Prime Minister, who at that time was not subject to parliamentary interpellations); it was then abolished again as a specific Ministry, and its responsibilities and prerogatives, as well as those for Administrative Affairs and State Employees, were transferred to the President.
The Ministry of the Guards of the Islamic Revolution (Vezarat-e Sepah Pasdaran-e Enqelab-e Islami), initially planned, was then suppressed; today this Corps is headed by the Ministry of Defense.
From an administrative point of view, Iran is divided into 27 provinces (ostan: the term actually indicates territorial entities comparable to those that in Italy are defined as "regions"), each of which has its own capital. The executive responsibility of each Province is entrusted to a Governor General, who represents the Government. Each ostan is divided into areas, roughly corresponding to the Italian provinces, each of which (shahrestan) is managed by a governor. There are also farmandari, districts that enjoy a certain degree of autonomy from the central government. Each local reality then elects its own Council (see below).
The Legislative Power
The legislative power in the Islamic Republic is the prerogative not only of the Islamic Assembly (or National Assembly, or Parliament (Majlis-e Shora-ye Islami), set up for the first time in the 1980 and subsequently renewed every four years, but also of the Council of Supervision on the Constitution, mentioned in Articles 91 and sgg. According to the Constitutional Charter, every law must first be approved by the Majlis and then ratified by the Supervisory Board, finally countersigned by the President of the Republic, in order to enter into force. In the 1988, for, two other legislative bodies were established byAyatollah Khomeini: the "Council for the Determination of Needs" (body whose task is to settle any legal disputes between the Parliament and the Supervisory Board, its members are appointed by the Leader) and the "Council for the Determination of Policies of Reconstruction "(one of the highest instances that determine the economic development of the country dealing with agriculture, industry and mining, trade, monetary and financial issues, infrastructure services, social services, urban development and housing. ). Furthermore, the Supreme Cultural Council of the Revolution holds legislative power over issues related to education.
As stated in Articles 71 and ff., Parliament has the following powers: to discuss the motions proposed by the government and the bills proposed by at least 15 Representatives; discuss and promote inquiries on all national affairs; approve international treaties, protocols, agreements and contracts; to decide changes of not important importance at the borders of the national territory, to approve the government's request for the proclamation of the martial law for a duration not exceeding thirty days; propose motions of no confidence towards the Prime Minister or one of the Ministers; grant the vote of confidence, or deny it, to the government as a whole or to one of the Ministers.
The Parliament has established a set of internal regulations that establishes procedures for directing sessions, organizing debates and voting on bills and motions, etc., and determines the tasks of its commissions. According to current regulations, the Parliament is chaired by a Steering Committee composed of a Speaker (or President, homologous to the President of the Chamber in Italy), two Vice-Speakers who conduct sessions in the absence of the Speaker, and a number of Secretaries and Directors.
There are a number of permanent commissions in the Parliament that have the task of carrying out the initial stages of the discussion on the bills and the motions. In addition, specific committees may be established if necessary. The amendments passed in the 1989 to the internal regulations of the Assembly have foreseen for the Commissions a variable number of members between the 9 and the 15, with the exception of the Commission related to the 90 Article of the Constitution, which may consist of 15 / 31 members. The Permanent Commissions are as follows: 1. Education; 2. Culture and Higher Education; 3. Islamic Guide, Arts and Social Communication; 4. Economics and Finance; 5. Programming and Budget; 6. Petroleum; 7. Industry and Mines; 8. Labor and Social Affairs, Administrative Affairs and Employment; 9. Accommodation, Urban Development, Roads and Transportation; 10. Judicial and Legal Affairs; 11. Defense and Corps of the Guards of the Islamic Revolution; 12. Foreign policy; 13. Internal Affairs and Councils (of the Councils we speak in Part VII of the Constitutional Charter); 14. Health, Social Security and Assistance, Social Security and Red Crescent; 15. Post, Telegraph, Telephones and Energy; 16. Commerce and Distribution; 17. Agriculture and Rural Development; 18. Organizations and bodies affiliated to the Office of the President of the Republic; 19. Court of Auditors and Budget and Finance of the Assembly; 20. Institutes of the Revolution; 21. Appeals Commission Article 90 of the Constitution (which has the task of conducting inquiries on citizens' complaints against government organizations); 22. Commission for the Review of the Questions (which has the task of examining the questions submitted by Members of Parliament to the Ministers and the answers of the latter) The Commission assesses whether the answers have been satisfactory, otherwise the Members of the Parliament have the right to propose a motion of no confidence in the Minister whose answer has obtained a negative evaluation)
During the Legislature started in 1996 a Commission for the Women's Issue was also created, which is proceeding to a revision in an improving sense of all the legislation concerning women.
In ordinary sessions of Parliament the quorum is reached with the presence of two thirds of the members, and resolutions are normally approved by simple majority, except for special cases provided for each time by specific rules.
A draft or bill can be questioned in Parliament in two ways: the Government can submit a bill of its own initiative to the National Assembly after its approval by the Council of Ministers; or, the Steering Board of the Assembly can organize the procedures for the discussion of a proposed law signed by at least fifteen Representatives.
Proposals that are not urgent are normally considered in order of presentation. The discussion procedure begins with the first reading of the proposed text after it has been examined by the competent Commission and a copy has been distributed to each of the Assembly members. If the general framework of the proposal is approved at first reading, it is again forwarded to the appropriate Commission (or Commission) for a review of the details. At this stage, Members of the Assembly can propose amendments. The details of the bill and the related amendments are then discussed, and approved or rejected. The competent Commission has the right to request external experts from the Assembly to take part in its meetings and in the discussion. So the text passes to the Assembly for the second reading, which concerns its details. At this stage, the Members of the Assembly whose amendments have been rejected in the Commission can re-propose them and request their ratification in the Assembly. The text, when definitively ratified at second reading, can be forwarded to the Supervisory Board (see below).
Draft drawings or bills of simple urgency ("one star") are discussed by the competent Commission only once. The drafts or bills of a second grade ("two-star") nature are not examined by the Commissions and are discussed in two consecutive sessions of the Assembly. Drawings or bills of maximum urgency ("three-star") are immediately included in the agenda. The degree of urgency of each text must be approved by the majority of the Members of the Assembly. There are categories of legal texts that can not be urgently challenged, for example the budget.
During the first twenty years since the Revolution, parliamentary groups of a party character have not been established within the National Assembly. It can be explained both as a consequence of the historical events of Iran over the centuries, which have never favored the establishment of political parties, and as an indirect result of constitutional norms (see Art 85), which underline the absolutely personal character of the the responsibilities and prerogatives of the office of Parliament, do not allow the enjoyment of any privilege to Members of the Assembly who belong to parties than the independents, and establish that the elections take place on the basis of electoral colleges and not on the basis of proportional representation. Nevertheless, since the end of the eighties, unofficial groups have been created in Parliament, which delineated their positions with greater clarity only by siding at the time of discussing or voting; but their improper character did not prevent some Members of the Assembly from moving from one side to another according to their opportunity, and thus made it difficult, if not impossible, to calculate their respective forces. Only towards the end of the Nineties did real political parties begin to be formed in the country, with official names and status and specific programmatic platforms.
As already mentioned, however, the bills, decrees and legislative proposals approved by the Parliament do not automatically become law. There Constitution provides for the existence of a "committee of wise men" known as the "Supervisory Board on the Constitution"Or" Council of Guardians of the Constitution "(Shora-ye Negahban-e Qanun-e Assassi, outlined in the 91-99 Articles). This Council is in fact a sort of Parliament of a higher rank endowed with the power to reject the resolutions approved by the "Lower House", ie the Parliament proper. It has the task of examining the laws passed by parliamentarians, comparing them with canonical Islamic norms and with the Constitution, and then ratifying them or sending them back to Parliament to be amended. The Supervisory Board consists of 12 members (who remain in office for six years): six Islamic jurists belonging to the clergy, and six civil lawyers. The first group is nominated by the Guide or by the Executive Council (see Article 110), while the second group is elected by Parliament selecting a list of candidates nominated by the Supreme Judicial Council (see Articles 157 and ff.). With regard to the compatibility of laws with Islamic norms, the opinion of the majority of the six Islamic jurists is valid, while the majority of all members of the Council are required with regard to the constitutionality of laws. The Supervisory Board also performs the task of interpreting the provisions of the Constitution, an area in which the majority of three quarters of its members are required. It also supervises presidential elections, general elections and referendums.
La Constitution it also provides (see Articles 100-106) that the administrative management of local situations, from villages to rural districts, from individual cities to the constituencies in which the largest urban realities are subdivided, up to the provinces and regions, is entrusted to the Councils, elected directly by the local communities.
In Iran, the judicial system has undergone profound changes after the Revolution was established, also because the Koran and the Hadith (Tradition) concerning the acts of Prophet Mohammad and of the Shiite Imams contain a very considerable amount of instructions concerning the procedures of assessment and proof crimes, process instruction and the elaboration of sentences, as well as the graduation of convictions and sentences. As a result, the administration of justice was able to start functioning according to Islamic inspiration immediately after the Revolution, and within a fairly short time a new civil code, a new penal code and new procedural codes were drafted.
With regard to the Constitutional Text, which deals with the Articles from 156 to 174, the judicial system has been made totally independent of the other two powers of the State: the Ministry of Justice is responsible only for the administrative organization and budget, the care of relationships between the judiciary on the one hand and the Legislative and the Executive on the other, the task of answering in the National Assembly to the interpellations forwarded by the Parliamentarians, and to present bills containing judicial content in quality, case by case, of representative of the Government or the Judiciary System.
There are currently two categories of courts: public courts and special courts. The Public Courts include the Civil and Criminal First Instance Courts, the Civil and Penal High Courts, the Civil and Independent Civil Tribunals. The Special Tribunals include the Tribunals of the Islamic Revolution and the Special Tribunal for the Clergy.
In the early months of 1987, in fact, theAyatollah Khomeini decree the establishment of a special court to investigate and judge the crimes committed by members of the clergy; then appointed the President Judge and the Procurator of this Special Tribunal for the Clergy and ordered them to investigate and issue rulings based on theological rules and regulations. Both offices would have replied to him only as Supreme Leader. Since then this Court has continued to function, remaining in practice outside the judicial system properly so-called.
The Supreme Council of Justice is headed by the Judicial Administration (Dadgostari) and its structures - in this area the Judicial Police (Police Qazaie) works; the General Inspectorate of the State (Sazeman-e Bazressi Kol, see Article 174); the Administrative Court (see Article 173). In addition, the 1 / 5 / 1983 Legal Act also submits to the Supreme Council of Justice the judicial structures called Tribunals of the Islamic Revolution and the Procurements of the Islamic Revolution, which is assigned the task of investigating: a) all crimes committed against the Iran's internal and external security, on "against God" crimes and "corruption on the ground", b) on attacks on the lives of politicians, c) on drug dealing and smuggling, d) on murder cases, massacre , kidnapping and torture committed in order to restore the pre-revolutionary monarchist regime and to repress the struggle of the Iranian people, e) on the cases of depredation of the national treasury, f) on the hoarding of basic necessities and on their mass on the market at prices quoted.
The same Juridical Act distinguishes three categories of Tribunals of the Islamic Revolution: the Tribunals for Economic Offenses, with jurisdiction over cases (e) and (f); the Courts for Political Affairs, for cases (a), (b) and (d); the Anti-Narcotic Courts, for the case (c).
The Supreme Court (Divan-e Aali Keshvar), similar to the Italian Court of Cassation, is divided into sections, the number of which may vary according to needs. The Sections do not issue judgments of their own elaboration, but can confirm the sentences of the Criminal and Civil Superior Courts. According to the 288 Article of the 28 Code of Criminal Procedure Amendment 1982 August XNUMX, the Supreme Court must express its opinion in writing about a sentence, if it considers it unfair, and forward it to the competent court. The latter, if he agrees with the opinion of the Supreme Court, issues a revision of the previous sentence conforming to it; if not, the case is submitted to the General Directorate of the Courts to consider the possibility of entrusting another court to the trial. If it agrees with the opinion of the Supreme Court, the second court issues a compliant sentence; otherwise, the case is again submitted to the Supreme Court to be reviewed by its General Council.
The decisions of the General Council of the Supreme Court are taken by an absolute majority of votes, and may give rise to one of the following three cases: a) if the General Council considers that the sentence of only one of the Superior Criminal Tribunals is correct and justified, the practice is returned to this Court for an operative ruling to be issued; b) if the judgments of both Courts are considered correct and justified, the case is returned to the second because it issues an operative sentence; c) in all other cases, the case is handed over to the General Directorate of the Courts to award it to one of the Supreme Court Sections. This Section carries out the necessary investigations and issues its own judgment, of conclusive and binding value.
According to the 1 Article of the Supreme Court Training Requirements Act, each Section of the Supreme Court consists of two qualified judges, one of whom is appointed Section President. Both judges must be experts in Islamic jurisprudence, or alternatively have participated in a special course of theology (kharej) lasting ten years, or have completed ten years of experience in the Judicial Magistracy or in the Bar; in any case, they must possess a thorough knowledge of Islamic norms.
Each Civil High Court is composed of a President Judge, a Judge in the side and a Consultant; both the former and the latter, alternatively, may issue judgments, but before the sentence is issued, the Consultant must examine the case thoroughly and comment on it in writing. However, if the sentencing Judge is a fully qualified Islamic Jurist (mujtahed), he is not forced to wait for the Advisor's comment. The Civil High Court judges in all legal matters and not related to disputes, except in cases of jurisdiction of the Civil Court of First Instance. His sentences are final and binding, except in cases where: a) the judge is convinced that the sentence issued is not based on the correct judicial criteria, or b) another judge defines the sentence of the first inadequate or contrary to the law or to Islamic norms, or c) show that the first judge did not possess the qualifications necessary to deal with the case. An appeal can be brought against the sentence by the fifth day after its issuance, except in cases where the sentencing Judge is a mujtahed. In cases of interlocutory appeal, or upon the occurrence of cases (a), (b) or (c), the case is referred to a Section of the Supreme Court, which ratifies or invalidates the sentence and returns the case to the Judge for the final sentence .
The Superior Criminal Tribunals, composed in a similar way, judge the crimes punishable by the death sentence, exile, imprisonment for ten years or more, to penalties equal to two million rials or more or equal to or higher than two fifths of the assets of the offender. All sentences handed down by the Superior Criminal Tribunals are examined by a Section of the Supreme Court, except in cases where the trial ends with the full acquittal of the accused, or lower sentences are imposed on those mentioned above.
Every First Degree Civil Court is composed of a President or Substitute Judge, with the optional addition of a Consultant; it can judge all the causes related to matters of inheritance, to claims that do not exceed the value of two million rials, to requests for the recognition of rights of use, division and sale of joint properties, etc. The appeals against the judgments of the First Degree Civil Tribunals are examined by the Higher Civil Tribunals, whose subsequent sentences are final and binding.
The Criminal Tribunals of the First Degree are composed in the same way as the Civil Courts; their jurisdiction extends to all crimes of which the Superior Criminal Courts are not competent, to crimes connected with the management of the Municipality, to violations of the Highway Code, etc. For the appeal appeal, the same applies to the civil courts of the first degree.
In areas where there is only a Civil Court of First Instance, the Supreme Council of Justice confers to it the prerogative to judge financial causes up to the maximum value of 4 million rials, and causes related to the falsification of documents and personal certificates. Moreover, in particular situations, these Courts (so called Independent Civil Courts) are authorized to judge also in matters falling within the jurisdiction of the Criminal Court of First Instance. Regarding the cases of jurisdiction of the Superior Criminal Tribunals, an Independent Civil Court assumes the function of referent magistrate and delivers the case to the judicial office responsible for the judgment.
A Special Civil Court is a Public Court with powers comparable to those of a Civil Court or First Degree Court. His jurisdiction extends to the judgment of disputes relating to marital problems, divorce, custody of children, inheritance, recognition of consanguinity, etc. The sentences of these Tribunals are final and binding.