Ajei: If it is possible to summon a person, don’t summon him
According to the online economy report, quoted by Iskanews, Hojjat-ul-Islamwal-Muslimin Mohseni Azhei, this Thursday morning (Aban 18), during a speech at the meeting of the members of the Supreme Council of the Judiciary with the chief justices and the prosecutors of the provincial centers, while referring to the 17th prayer of Sajjadiyeh, said: Always take refuge in God from the evil of Satan and the desires of the soul and be aware that sometimes, in case of negligence and slip-up, our good and pleasing deeds are also nullified.
The Head of the Judiciary, expressing his deep regret over the continuation of the heinous crimes committed by the Zionists against the oppressed people of Gaza, said: “For about a month, the usurping Zionists, under the full support of the United States and some other Western countries, have been committing unlimited crimes in Gaza, and organizations like The international community, with their silence, put a seal of approval on the crimes of the Zionists.
In the continuation of this meeting, the head of the judiciary issued 15 important orders to the chief justices and the prosecutors of the provincial centers; Orders that include: “strict implementation of the directives regarding Article 25 of the Constitution and the prohibition of surveillance of people except by law”, “continuous supervision of judicial authorities on their subordinates”, “continuous supervision of the work of people such as bailiffs, lawyers and experts who are in Judicial affairs are supported”, “Exercising the utmost care and monitoring the work of officers in order not to violate the legal and Shariah standards when arresting the accused”, “Avoid issuing temporary arrest warrants in unnecessary cases”, “Hasan Khalq with clients”, ” Constructive and guiding behavior with the family of the accused person or criminal”, “Attention to follow up the execution of issued final judgments”, “Regularity in the submission of amnesty requests”, “Attention to the validity of the reasons for issuing extraordinary discounts in the review and appeal stages”, ” Absence and deterrence of alternative prison sentences”, “Consulting about important cases, especially those with political, social and international aspects”, “Informing the competent authorities and departments about the procedures for dealing with the case of nationals and dual nationals”, “Protection from Baytalmal” and “discipline in affairs and attention to the family”.
The head of the judiciary referring to Article 25 of the Constitution regarding “prohibition of inspection and non-delivery of letters, recording and disclosure of telephone conversations, disclosure of telegraphic and telex communications, non-communication and non-delivery of them, eavesdropping and any kind of surveillance except as prescribed by law” He stated: Compliance with Article 25 of the Constitution is very important; Maybe these days, our judges will be requested regarding the cases related to this principle, so all judicial authorities should fully observe the side of caution in implementing this principle and pay special attention to the instructions related to this principle. And do not violate these instructions in any way.
Referring to the importance of the supervision of the judicial authorities on their subordinates, the judge said: if the judicial managers exercise sufficient and continuous supervision over their subordinates, they can prevent many slips; Sometimes people fall into the abyss of neglect and slip due to indiscipline, being abandoned and not being supervised; Doing what is good and forbidding what is bad, while observing the same levels and prescribed conditions, can be very effective and effective in making the work environment healthy and avoiding corruption and slippage.
Hojjat-ul-Islamwal-Muslimin Mohseni Ajei further addressed the judicial authorities and ordered them to exercise sufficient and continuous supervision on the work of people such as bailiffs, lawyers and experts who assist in proceedings.
In this regard, the head of the judiciary said: When a matter is referred to an expert, the competent judicial authority should ask for an explanation from him when he delays in presenting his theory and does not present his expert theory at the specified time. On the other hand, if there are significant differences in the experts’ theories, the matter should be carefully followed up by the judicial authority and it should be revealed why there is such a huge difference between the two expert theories. The judicial authorities should have the same behavior towards the lawyers and while observing full and mutual respect, they should supervise the relevant matters within the framework of the rules.
The head of the judicial system said: When the judicial authority wants to issue a summons to a person, he should weigh all the aspects and surroundings of the case and check whether there is really a need to issue a summons or whether it is possible to summon the person as well. When the order to arrest a person is issued due to necessity, the judicial authority must guide the officers before sending them to arrest them, so that they do not violate the legal and sharia standards when arresting the person; Also, after arresting the person, if a report concerning the failure of the bailiffs reaches the hands of the judicial authority, he is obliged to follow up and warn the bailiffs; Sometimes it is heard that to attract a person who has a financial charge, up to 10 to 15 people visit his apartment unit! Is this really necessary?! Of course, in certain cases it may be necessary, but in all cases it is not necessary to send this amount of force to attract the person; These are things that are sometimes a guarantee for us, and the judicial authority must closely monitor them.
While referring to Imam Khomeini’s (PBUH) eight-point decree on people’s rights, the head of the judiciary stated: care must be taken to ensure that unnecessary items are not confiscated when arresting a person; Sometimes, when attracting a person, his work system collection is recorded! Is it really necessary to record all the things related to a person when attracting him?! Sometimes, due to the necessity, copies are made of the information contained in one’s electronic devices, here it should be noted where these copies are kept and how they are used; It should also be ensured that the confiscated items from the accused are returned to him on time.
The judge clarified: the competent judicial authority must also closely and continuously supervise the process of investigation and interrogation of the accused; These are the things that if we don’t follow, the blessing will be taken away from our work and we will suffer losses.
Hojjat-ul-Islamwal-Muslimeen Mohseni Ajeei further ordered the judicial authorities: avoid issuing a temporary arrest order in cases where necessity does not require it, and also in cases where it is not necessary, do not issue an order that the accused is unable to submit and it leads to his arrest; In addition to these, it must be clearly and accurately explained to the accused that he can object to the issued order; It should not be the case that the guarantee papers are placed in front of the accused only to be signed. Also, if a temporary arrest warrant is issued for an accused, efforts should be made to quickly resolve his case.
The Head of the Judiciary further ordered all the judicial authorities: always consider the good character of the client and make a distinction between the accused and his family members who refer to the judicial authority; Our behavior with the family of a person who has committed a serious crime should be constructive and guiding, and we should behave in such a way that the family of the guilty and accused person will also be optimistic about the judicial system; Sometimes the family members of the accused or the criminal may behave aggressively, in such cases we must be patient and bear the hardships for God’s sake.
The Head of the Judiciary further said: Chief justices and prosecutors should diligently and diligently follow the execution of the issued final judgments, and if a final judgment is not implemented, they should request valid reasons from the judgment enforcement branch. It should be noted that the non-execution of a definitive sentence can be corrupting.
The head of the judiciary stated: In some cases, final sentences are not implemented for one to two years, then amnesty requests are submitted for them; Some provinces have many requests for amnesty, and some of these requests are related to sentences that have been issued for several years!
The judge clarified: In some cases, extraordinary and excessive discounts are issued in the review and appeal stages; The reasons for the issuance of this amount of reduction in punishment must be detailed in the file; In some cases, a person’s conviction is suspended at the appeal stage and this phrase is included in his file: “due to the special circumstances of the person”! Well, these special conditions include a wide range, so it should be stated that what are these special conditions due to which the sentence of the convicted person is reduced or suspended?
Hojjat-ul-Islamwal-Muslimin Mohseni Ajeei added: In some cases, a person’s prison sentence is turned into a fine; This matter in itself is accepted and emphasized; But it should be noted that such a conversion of a ruling is not terrifying; For a person with financial resources, his sentence is changed from imprisonment to paying only 700 thousand Tomans, or for a person with a high social status, his sentence is changed to do something that not only has no benefit for the individual and society, but also has losses. , these are examples of terrible rulings; Therefore, in issuing sentences instead of imprisonment, attention should be paid to the financial ability and social status of people.
The Head of the Judiciary stated: Consultation is necessary and does not interfere with the independence of the judge. Therefore, competent judicial authorities must carry out the necessary consultations regarding important cases, especially in cases that have political, social and international aspects.
The head of the judicial system said: In the case of nationals and dual nationals who have been charged or have committed a crime, efforts should be made to inform the relevant authorities and departments, including the country’s attorney general, the vice president of international affairs of the judiciary, of all the stages of their cases. And the Ministry of Foreign Affairs will also reach.
At the end of this part of his speech, the head of the judiciary emphasized to the judicial authorities: keep in mind discipline, protection of the treasury and attention to the family.