In The Name Of God
Central Bar Association of Kermanshah
Criminal Procedure Questions for Advocate Trainees(6)
Date: July,29,2006. Time: 100 Minutes
Examiner: Master Kioumars Sepehri
Since the inference from the questions is part of the exam, please do not ask questions in the exam session.
Dear trainees, please respond legibly and accurately, with reasoning and citation, and avoid writing irrelevant material.
All questions must be answered.
1- Mr. ‹‹ M ›› is being prosecuted in the judicial district of Ravansar city (part of Kermanshah province) on charges of smuggling goods (television). The competent court and the general court of Ravansar consider it competent, the general court of Ravansar does not consider itself competent considering the case and its subject, where is the dispute resolution authority of these two courts? And which court do you think should approve? Why? Answer with citations and arguments.
2. A person who is in the military is prosecuted on charges of embezzlement and ultimately receives a final conviction. How do you, as a lawyer, choose him as a lawyer? Write a well-reasoned and reasoned reference to the review authority and how to make that decision.
3. Mr. J3, 16, is being prosecuted for premeditated murder and is being prosecuted, and a special public court is being tried to try to punish his children. The issuance of a disqualification order to the jurisdiction of the provincial criminal court sends the case to that authority. In your opinion, first of all, where is the competent authority to investigate the accusation of the accused in the case?
Second, should the Special Public Court follow the verdict of the provincial criminal court (both are in the jurisdiction of one province) or can it disagree with the provincial criminal court (given the structure and composition of the provincial judges of the provincial appeals court)? Write reasoned and documented.
4. Explain the principle of innocence (presumption of innocence) and its place in the subject law of Iran and Islamic criminal law and write down the effects of the principle of innocence (in short).
good luck