The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Examining the Principles Governing to the Retrial of Proceedings in Article 477 of the Code of Criminal Procedure

Document Type : aa

Authors
Ismail Shahsundi
mohammad sadegh mahdavirad
Mahmoud Habibi
alireza mashhadi
10.22034/jlvi.2023.1998637.0
Abstract
Considering Article 18 of the Law on Establishment of Public Courts and Revolution and Article 477 of the Criminal Procedure Law, the legislator has planned an extraordinary method called resumption of proceedings through the head of the judiciary. Although this method can have advantages in terms of preventing the survival and implementation of incorrect and illegal decisions and verdicts, it faces many ambiguities and criticisms. The principles governing the proceedings in Iran, such as the principle of correspondence and the two-stage principle of substantive proceedings, remain intact in this procedure, the rule of the validity of the adjudicated case upon or “ res judicata” and the inherent difference between the ruling and the order and several ambiguities remain open in this regard.
In addition, the analysis and review of the independence and impartiality of the Supreme Court and its relationship with the Lower courts and the head of the judiciary can be considered in explaining the criticisms received, which should be reviewed in this type of retrial. This article, with emphasis on judicial procedure, examines and criticizes the retrial of Article 477 of the Civil Procedure Code from the perspective of the principles of civil procedure and presents the necessary solutions for the legal system of our country.
 
Keywords
Retrial
Judicial Jurisprodence
Res Judicata
Principle of Proceedings
Judgment Against Obvious Sharia
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  • Receive Date 02 October 2022
  • Accept Date 11 September 2023