In The Name Of God
Central Bar Association of Kermanshah
Criminal Procedure Questions for Advocate Trainees(5)
Date: Nov,24,2005. Time: 100 Minutes
Examiner: Master Kioumars Sepehri
Since inference from the questions is part of the exam, please do not ask questions in the exam session.
Dear trainees, please read carefully and accurately, answer with reasoning and avoid irrelevant writing.
All questions must be answered.
1. Mr. Amjad in the National Bank of Kermanshah Branch will open a current account of the type of Siba (one-piece system of the National Bank of Iran). He says that Mr. Amin will come to Tehran the next day to get the goods his shop needs. In order to receive the check, he will present it to the National Bank of Tehran Bazaar Branch, but he sees that Amjad's account is empty. In order to receive the check, it does not work. Therefore, in Tehran, the check is returned and the non-payment certificate is received from Tehran Bank Now, Mr. Amin is referring to you as a lawyer and requesting legal action to prosecute Amjad. Which authority do you, as Amin's lawyer, choose to file a complaint? Write down your reasons and documents?
2. Ali entrust his car (Peykan car) to a friend named Ramin (as long as Ali did not need a car) to whom he travels and distributes the proceeds in proportion to the income, after doing something for two months and paying Ali's share. Due to the work that happens to Ali, he is forced to travel and his journey takes six months. After returning from the trip, he asks Ramin to submit the income and expenses of the car at that time, to deliver the car. However, Ramin refused to calculate and pay Ali's share, but in principle denied his right and claimed that Ali had no right to the car at all, and always did. He continues to work with the car. Ali has been forced to file a complaint and you are the judge of the case, are you making a decision about the mentioned car? In any case, state the reasons for your efforts?
3. A person shall be sentenced to four months' imprisonment on the charge of criminal offenses on the basis of a criminal offense. The prosecutor has also appealed against the ruling, stating that the prosecutor has appealed against the ruling and that there is no private evidence that the person should go to your office and ask you to defend his rights. Now, do you think that there is a way to achieve a definite reduction in the punishment? In any case, write down your documents and reasons?
4. Mr. Arman, who is a military man, is being prosecuted in the military court on charges of taking bribes in 1996. Finally, sufficient reasons have been obtained against him. Due to the time of the crime, the prosecution of the accused will be suspended on 4/7/84. The prosecutor will object to the court's decision that Mr. Arman will refer you to accept his defense in this case. Now, as a lawyer (regardless of the nature of the case), do you accept his or her power of attorney? Write down the reasons for your failure.
good luck