Legal and judicialsocial

Hojjatoleslam Ejei: Temporary detention orders should not be issued as much as possible

According to Fars News Agency, Hojjatoleslam and Muslims Mohseni Ejei stated this morning (Thursday, September 16) at the 20th National Conference of Public, Revolutionary, Military and Special Clergy Prosecutors, which was held to review the basic strategies for transformation and excellence in the courts: Our religious, committed and revolutionary, but also the people of the world are more than ever thirsty for justice and demand justice.

The head of the judiciary added: “This demand paves the way for the realization and expansion of justice, which is one of the important duties of our Islamic system and the judiciary, and of course makes the responsibility of the preachers of justice much harder and heavier.”

Hojjat-ul-Islam and Muslims Mohseni Ejei said that the reason for the harder and heavier responsibility of the preachers of justice in the current situation is the efforts of those who offer a mirage to those who thirst for justice and interpret justice in a way that hinders and delays the achievement of justice.

The head of the judiciary, referring to the need for transformation and excellence as a need of the judiciary today, explained the requirements and pillars of this transformation and excellence, and introduced the most important factor as talented, motivated, efficient and energetic human resources.

Hojjat-ul-Islam Wal-Muslimin Mohseni Ejei added: “In addition to having skilled, motivated and jihadi manpower, we must have innovations in the field of work and service compared to the past, and with the same mechanisms and tools, there will be no fundamental change.”

He stressed: “We must constantly monitor the damage and try to eliminate them, because the evolution is not a fixed thing to say done and finished with one action, but we must move in this direction more quickly in accordance with the requirements of the time.”

The head of the judiciary said: for the transformation and excellence of cognition and insight, mujahedeen effort, empathy and cooperation and synergy and the use of all capacities should be considered and in the absence of any of these elements, part of the work of the earth remains.

Hojjat-ul-Islam and Muslims Mohseni Ejei added: “In this situation where people demand justice and the elimination of discrimination is demanded, all institutions are obliged to achieve justice, but the duty of justice as a symbol of the emergence of justice is heavier.”

He emphasized: If we want to put the oppressors and transgressors in the place of the rights of the people, society and public rights in their place, we must be the real agents of the divine commands and forbidding the evil, and we must support the commandments of the good and forbidding the evil.

The head of the judiciary said: “In order to properly pay our share in the realization of justice, we must know the people well and pay attention to their issues and accurately distinguish between good and bad, and seriously serve the people, especially those who have the right.” They were wasted and abused.

Hojjat-ul-Islam and Muslims Mohseni Ejei added: The judiciary should be a refuge for everyone, and if someone feels that he has been oppressed and has appealed to the judiciary for oppression, we should pay more attention and try to uphold his right and eliminate oppression.

He continued: “If public rights are violated somewhere, we must act decisively, and in the meantime, prosecutors have a significant role to play as public prosecutors, and they must act more sensitively to their duties day by day.”

The head of the judiciary said that one of the most important issues in the current situation is to increase public trust and hope for the people, especially the youth, and said that the realization of these two issues requires efficiency and wise actions. And to use the capacities of the people and to solve problems.

Hojjat-ul-Islam and Muslims Mohseni Ejei added: “If we do not have a correct knowledge of the country’s conditions and priorities and do not do wise work and do not use powerful and motivated forces well and do not involve people in our destiny and do not use their help to solve problems, hope and progress It is not possible.

He pointed out: that the enemy has entered the field with all its might in the opposite point of this movement and the devil soldiers have come to the scene in various forms to disappoint the people and tell them that these structures and mechanisms are not efficient and the officials are separated from the people. They are and they do not care about people as they should and maybe.

Hojjatoleslam and Muslims Mohseni Ejei pointed out that the duty of all officials against these threats and actions of the enemy in the first step is to raise awareness about the actions of the enemy and in the second step should be identified with insight priorities and redoubled efforts to solve people’s problems and provide their livelihood. Improved economic situation.

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In this regard, he emphasized the support of production and economic activists and the fight against corruption, corruptors, rent-seekers and monopolists, and dealing with discrimination and eliminating corruption scandals in order to change the status quo in favor of the people and untie the knot of their work.

The head of the judiciary said that the judiciary, in addition to dealing seriously with corrupt people and those who in these sensitive circumstances hoard the goods needed by the people and offer them at exorbitant prices, affecting the enemy’s pressure and preventing smuggling, removes obstacles from the government. Generating, identifying, and introducing damages helps to correct laws and eliminate corrupting grounds.

Hojjat al-Islam wal-Muslimin Mohseni Ejei also noted that the government should strengthen internal oversight to combat corruption in the executive system, adding: “Security and inspections of devices should be more activated and audited and systems activated So that there is no possibility of corruption and repetition of some past issues by creating transparency.

He pointed out that the judiciary will also stand by the government in dealing with cases of corruption by creating a change in the path of excellence and with efficient forces with a jihadist, revolutionary, pure and religious spirit.

In another part of his speech, the head of the judiciary addressed the basic strategies for transformation and excellence in the judiciary and, referring to the hard work of prosecutors and prosecutors, referred to them as those who are at the forefront of achieving justice, fighting crime and confronting oppressors and lawbreakers. And transgressors are subject to the rights of the people.

Hojjat al-Islam wal-Muslimin Mohseni Ejei said: “Those who refer to prosecutors, investigators, prosecutors and law enforcement officials have either been oppressed or are accused of being convicted on one side of the dispute, and the plaintiff expects a decisive and deterrent treatment from these people.” .

He continued: “The type of work of the courts and their workload is very high, and those who refer to the judicial branches, because of the pain they have, insist and expect the speed of action in handling their work, and the number of referrals and cases in these centers is very high.”

The head of the judiciary went on to issue orders to prosecutors, investigators and judges, urging them to make appropriate appointments with their clients in the first instance and to refrain from issuing temporary detention orders as much as possible. .

Hojjat-ul-Islam Wal-Muslimin Mohseni Ejei added: “Where the law requires and the judge determines, a temporary detention order should be issued, follow the law, but if there is no need for such a decision, refrain from issuing it because There are also problems for the judiciary.

Regarding the arrest warrants, he stressed that the arrest warrant should be issued as soon as possible after the arrest warrant is provided by the defendant or those around him.

Hojjat al-Islam wal-Muslimin Mohseni Ejei also mentioned restrictions on the issuance of judicial orders, which should be avoided as much as possible.

Hojjat al-Islam wal-Muslimin Mohseni Ejei said: “If it was necessary to issue appointments, such as a travel ban, in the first step, if there is no legal prohibition, the person will be notified, and in the second step, the restriction will be lifted as soon as the need arises.”

He continued: “If the judge determines that someone should be banned from leaving and there is no security problem, he should inform him immediately;” Not that when a person wants to travel with his family or staff and incurs expenses, he realizes at the airport that he can not leave the country!

The head of the judiciary further pointed out that in recent times, he has come across examples in this regard that could have informed the person before arriving at the airport of no-go.

The head of the judiciary had a recommendation to support production and said: “Any action, including the seizure of raw materials and production tools that lead to the closure of workshops and factories, should be avoided and efforts should be made to use other legal means.”

Hojjat-ul-Islam Wal-Muslimin Mohseni Ejei added: in seizing property and sealing places, if the confiscated property is movable, it should be kept in a suitable place and condition so that it is not damaged.

He stated that this property should be assigned immediately after confiscation, noting that at present, some confiscated property is improperly stored in the warehouses of the Property Organization, which is not in the interest of the country of production, economy and people.

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He advised investigators and prosecutors to explain the matter accurately and clearly in their instructions to officers, and to closely monitor the implementation of the work so that they can act according to their wishes.

The head of the judiciary added: “In the cases that are provided to the officers for investigation, whether they are with the accused or not, a counting sheet should be made and it should be specified in which areas exactly the investigation should be done.”

He continued: “If the accused is handed over to the officers, the judge should know where he is being held and he or his representative should inspect the detention center and continuously monitor the investigation and treatment of the accused.”

Hojjat-ul-Islam and Muslims Mohseni Ejei, stating that the judge can not absolve himself of responsibility after the issuance of the arrest warrant and his transfer to the officer, stressed that if something happens to the accused in these circumstances, he is responsible for it.

The head of the judiciary continued his speech by referring to the issue of expertise and mentioning it as one of the factors in prolonging the trial.

He said: “Some regulations related to bachelors need to be amended, which is being followed, but some problems arise from the performance of experts, including frequent and numerous bachelors, unnecessary bachelors and gross unacceptable differences.”

Hojjat-ul-Islam Wal-Muslimin Mohseni Ejei pointed out on this basis that unnecessary expertise should be avoided and where necessary, expert opinion should be clearly announced and determined for that time and the judge should follow the work process to deal with any shortcomings. .

The head of the judiciary continued: “If the second and third degrees are significantly different from the first degrees, the relevant experts should be asked for an explanation and the matter should be reported to the relevant authorities.”

He further asked the prosecutors and prosecutors to plan and manage the cases of many suspects from the beginning so that the work process is such that people get their rights as soon as possible and there is no problem for them and the judiciary.

Hojjat-ul-Islam and Muslims Mohseni Ejei also said: In cases that create political and social margins, experts and specialists must be consulted to manage the consequences of such cases.

The head of the judiciary also emphasized the cooperation of prosecutors and prosecutors with the supervisory departments and said: “We all want our work to be done in the best way and you should welcome the supervisory forces who want to help you solve problems and injuries.”

Hojjat-ul-Islam Wal-Muslimin Mohseni also reminded the colleagues of the prosecutor’s office and the courts to avoid slandering positions and said: “We should all be careful to warn our friend, comrade and colleague if he slips and makes a mistake at the first moment and warn him so that Why not fall.

Attorney General: The biggest asset of the judiciary is “manpower” / soon a plan for transformation and excellence in the judiciary will be developed and will be delivered to the head of the judiciary

Prior to the speech of the head of the judiciary, Hojjat-ul-Islam Wal-Muslimin Montazeri, the Attorney General, stated that due to coronary heart disease, this year for the second consecutive year a nationwide conference of prosecutors will be held by video conference.

The Attorney General then described “Transformation and Excellence in the Judiciary” as the central and special topic of this year’s conference and said: “The issue of transformation and excellence has been emphasized in the judiciary for many years and the Supreme Leader and the general policies of the system By implementing the document of judicial transformation, it tries to implement this transformation and excellence.

Referring to the importance and special position of the judiciary in the organizational structure of the judiciary, Hojjat-ul-Islam Wal-Muslimin Montazeri said: “It is necessary for the judiciary to have a serious review of the transformation and excellence in the judiciary.”

Referring to the efforts of the Attorney General’s Office to achieve the goal of transformation and excellence in the courts, he said: “Soon after collecting the opinions of prosecutors across the country, a program of transformation and excellence in the courts will be developed and handed over to the head of the judiciary.”

The Attorney General described the biggest asset of the prosecutor’s offices as “manpower” and said: “The first prerequisite for the formation of transformation and excellence in courts across the country is to have a transformation program and use efficient and proportionate forces to implement this program.”

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