In The Name Of God
Central Bar Association of Kermanshah
Criminal Procedure Questions for Advocate Trainees(10)
Date: Aug,11,2008. Time: 100 Minutes
Examiner: Master Kioumars Sepehri
Since deducting questions is part of the exam, please do not ask questions during the exam session.
Please answer legibly and accurately, with reasoning and citation.
All questions must be answered.
Only the use of a set of rules and a set of procedural unity votes that does not have a subheading is permitted.
1. Mr. A has been sentenced to one year in prison on charges of treason, and the appellate court upheld the sentence and remanded the case to the court of first instance without considering the existence of sufficient evidence. Be. After some time and during the execution of the sentence, the convict succeeds in obtaining the plaintiff's consent. Is there a way to change the sentence of the said conviction or not? If possible, what is the competent authority to deal with the matter? Can the execution of the sentence be suspended until the assignment is determined? In any case, write your documents and arguments.
2. A person is accused of having committed a crime on 12/1/85, the legal punishment of which is a maximum of three years of imprisonment plus a fine of two million Rials. He is now being prosecuted. Do you think it is possible to defend him in accordance with the rules of the passage of time so that his prosecution will not be stopped and punished? Write down your documents and arguments.
3. Mr. Sh has been sentenced to a fine of 30 million Rials on charges of aggressive possession, and the sentence has been upheld, and the case is ready to be executed. In order to execute the sentence, the convict has been present in the execution of the verdicts. Can you, as his lawyer, get a deadline for him to comply with the rules governing the execution of the sentence? And regardless of whether it is possible or not, is it possible to find a way to enforce the sentence without arresting the convict (who does not have the cash to pay the fine)?
4. A person has been prosecuted for selling and distributing 500 grams of opium. Finally, the court sentenced him to twenty lashes, four million Rials in fines and one year in prison. More than a month has passed since the verdict was announced. Now, he is referring to you as a lawyer and asking you to accept his power of attorney and defend his rights, assuming that he was really innocent. Is there any action to prove his innocence and remove the effect from the sentence issued or not? Write your documents.
Wish you Success.