In The Name Of God
Bar Association of Kermanshah, Hamedan, Ilam
Criminal Procedure Lesson Questions for Advocate Trainees(2)
Date: Feb,20,2003. Time: 105 Minutes
Examiner: Master Kioumars Sepehri
Dear candidates, answer all the questions briefly with reasoning and citation and as short as possible. Answer legibly and carefully, avoid writing irrelevant material.
1. Mr. A., while performing his duty in the military, is killed by his colleague. The parents of the accused complain about the murder as a premeditated murder. They are going to your office, how do you, as a lawyer, guide them?
2. A person with a complaint against Mr. B states that he has committed an act and demands that he be prosecuted and convicted of treason. After a while, the plaintiff, again enumerating the same actions of Mr. "B", seeks to prosecute him on fraud charges. After a public trial, the court finally found "B" guilty and sentenced him (to imprisonment). The Court of Appeal will decide, if you want to accept the representation of one of the parties, which one do you prefer? Why?
3. Mr. "C" will be denied as theft with aggravated punishment. There are not enough reasons to convict him in the existing case and the plaintiff has no right to seek punishment and receive his rights. The court found the accused guilty and as a simple theft to Imprisonment Convicts The defendant, who is dissatisfied with the sentence, also applies to you as his attorney, who has appealed against the sentence, which may have been acquitted or at least remanded to the Court of Appeal. Have quality briefs, now you as their lawyer for the good and Is it in their interest to act in accordance with their request or to choose another way? In any case, write down the reasons for your justification (assuming that if you do not appeal, the plaintiff will not appeal).
4. With the personal complaint of Mr. R, he will be prosecuted for fraud and transfer of other property (compared to a part of a plot of land). Mr. R is the official owner of the property and through the amendments of Articles 147 and 148 of the Registration Law, the ordinary contract has received the title deed of the property under its possession. In the court session, the lawyers of the parties to the defense and objections raise their objections, including the lawsuit of annulment of the said deed in relation to a part of the property in another branch of the court. The claim has been made, but the notification ceremony has not yet been completed and the verdict has not been finalized. What decision should Fry make?
5. Mr. "Sh", who is a member of the Education Department of the city of Ravansar (Ravansar is a small town in the city of Javanrood), is accused of committing embezzlement. Which court should handle his accusations? Please write your reasons and documentations.