Judiciary ”Instructions on how and to what extent to access the“ Financial Sentencing Record System ”were announced by the Head of the Judiciary

According to the General Directorate of Public Relations of the Judiciary, Hojjatoleslam and Muslims Mohseni Ejei, by announcing the instructions, determined the manner and amount of access to the “system of financial penalties” in order to take a big step in serving the people and Solve the problem of delays in financial inquiries.

According to this instruction, how people have access to the contents of financial convictions has become more regular and new rules have been provided for each of the subdivisions of the judiciary in order to create more transparency and especially faster access to financial conviction information than the existing problems. And it took time for the judge and the parties to resolve the case.

The comprehensive and complete launch of this system was also emphasized in the “Judicial Transformation Document” and by providing public services, it can solve a significant part of the problem of procrastination in handling cases.

Article 2 of this instruction restricts the permitted cases of access to system information to two parts:

• a. Access to this information is prescribed by law or regulation

• b. Satisfied with the inquired

However, the following note of this article states that in the case of paragraph (b), if the person being questioned is a legal entity, the consent of the highest official of the legal entity or the authorized authority stipulated in the law or the articles of association is required.

Inquiries of financial convictions are made online

Pursuant to Article 3 of the Instruction of the Head of the Judiciary, which is related to the duties of the Statistics and Information Technology Center of the Judiciary in this regard, the Center is obliged to take the following measures to use the system:

• a. Providing the possibility of online use of the system on the basis of the National Justice Network;

• b. Designing the system in order to prevent mistakes related to the nominal similarity of persons, so that the inquiry is done based on the national number of natural persons and the national ID of legal entities and in the case of foreign nationals the unique ID or passport number

• P. Predicting matters related to system training, including user manuals and operating conditions, and how to conduct inquiries and training courses electronically to users;

• ت. Provide the necessary facilities for judicial authorities to record and complete information related to financial convictions in judicial systems;

• ث. Observance of security measures to protect the confidentiality and privacy of persons in designing the system and providing answers to inquiries only in the cases mentioned in Article 2 of this instruction;

• J. Providing the possibility of registering changes and updating system information;

• CH. Maintaining records of inquiries by registering the exploiter and the user inquiring;

• ح. Providing the possibility of registering the objected inquiry and the beneficiary against the response sent to the users in the system

Note: The competent authority, such as the execution of judicial rulings and the registration enforcement departments, shall review the objection cases within a maximum period of 10 days and inform the objector of the result through the notification system. Sends to users

Duties of the Registry and Documents Organization to speed up the process of inquiries in the judiciary

The State Property and Deeds Registration Organization is also obliged in the notification of the head of the judiciary to:

• a. Automatically enter the information of all executive files that have not been executed after twenty days from the executive notification and also the information of the obligors who have not fulfilled their obligation within twenty days from the date of notification of the executive plan after the approval of the Sixth Plan law. .

• b. Update the changes related to the status of the obligated document, including the implementation of the provisions of the document, the declaration of consent of the obligee, the cancellation of the executive or other effective changes in the status of the obligee in the system.

• P. Follow the rules announced by the center for the exchange of information.

• ت. Monitor the performance of users to prevent delays or errors in recording the above information.

What should the users of this system observe?

In the notification of the head of the judiciary, conditions have also been set for the users of the mentioned system. Based on this, Article 5 of the notification states that users are required to comply with the following to use the system.

• a. Designing their systems to enable online inquiries through the National Justice Network;

• b. Observance of the notification criteria by the center for the operation of the system;

• P. Provide the possibility of user authentication and ip address information for the center;

• ت. Prevent unauthorized exploitation by monitoring users’ performance;

• ث. Observance of necessary security mechanisms for operating the system and maintaining the received information;

• J. Protecting the information, confidentiality and privacy of the interrogated

Under what circumstances are negative records removed from the system of financial penalties?

It is also foreseen in this instruction to remove the history of the inquirer from the system in terms of terms and conditions. Accordingly, the mentioned conditions have been calculated as follows:

• a. Ineffective financial conviction by final judgment;

• b. Revocation of the registration executive by the competent authority;

• P. Restoration of bankruptcy credit in bankruptcy rulings;

• ت. Execution of all financial and enforcement sentences, provided that six months have not passed since the last sentence or execution was executed and no other financial or execution sentence has been registered for him.

Note: In case of consent of the obligee or implementation of the registration executive provisions and also if the case is closed in any way in the judicial authority, immediately in the system, the effects of Note 2 paragraph b of Article 113 of the Sixth Plan Law will be eliminated, but deleting information from the system is subject to In accordance with paragraph “T” of this article

An important issue is that inquiries are up to date

In another part of the instruction of the head of the judiciary regarding the financial convictions of individuals, the issue of updating the inquiries based on the latest convictions is also addressed.

In the following cases, the status of the financial conviction will be updated and the latest court decision will be provided in response to inquiries, as the case may be:

• a, issuing an acceptance order for retrial;

• b. Issuance of suspension or delay in execution in legal cases;

• P. Corrected or changed sentenced to

• ت. Issuance of acceptance of the petition;

• ث. Accept the appeal out of time

• J. Issuance of a sentence of life imprisonment or installments;

• CH. The decision of the execution judge of the sentence that the sentence is unenforceable;

• ح. Issuance of a moratorium on registration operations;

• خ. Other cases in which changes are made in the sentence or the manner of its execution.

Article 9 of the communiqué also states that in order to create transparency and determine the source of the financial sentence, in addition to the subject of the sentence, the basis for issuing the sentence resulting from coercive guarantee or compensable or non-reciprocal financial obligations shall be announced in the information related to financial sentences.

In addition to the above-mentioned communiqué, judicial authorities are required to act in accordance with the instructions for registration and completion of information on judicial systems, approved on September 8, 1999, to identify and register the number or national identity of financial convicts who do not have this information within three months. From the date of launching the system, record or update the information related to financial penalties in accordance with the provisions of the regulations.