In The Name Of God
Central Bar Association of Kermanshah
Criminal Procedure Questions for Advocate Trainees(8)
Date: July,01,2007. 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 that lacks marginalization and a set of procedural unity of opinions is free.
1. Mr. A. has placed his residential property in the collateral of the case of a person who has been definitively sentenced to imprisonment and a fine. But he also fails to do so. Finally, the competent authority will issue a bail order. Explain which competent authority is responsible for recording bail in terms of current regulations, and whether there is a way to resolve the effect of this decision. Protest or not) If so, where is the competent authority and what will be the decision of this authority?
2. The Rural Cooperative Company, during a complaint against Mr. (T), who owns a truck, claims that 60 tons of wheat were delivered to him for delivery to the silo, but he did not deliver it to the silo and delivered the silo in his own name or to others. He took the money and after a long period of investigation, finally found the defendant guilty and sentenced him to 15 times the price of the goods (10 tons of wheat cargo) as a fine and return of the property. (Based on ten tons of wheat), the defendant's lawyer stated that the defendant had not committed such an act, and that the plaintiff's lawyer believed that the convict was guilty according to the evidence. The delivery of 60 tons of wheat was condemned, the verdict was appealed, and the Court of Appeals finally argued that since the claim for damages and damages had not been submitted and compensation for damages required compliance with the Code of Civil Procedure, the General Court had ruled in favor of ten. Wheat violates and the other part of the verdict confirms, in your opinion, which court is correct according to the rules governing the case? Why? Answer documented.
3. In the case of premeditated murder of the deceased, four people are accused of murder. After several years of investigation, the Javanroud General Court finally acquitted the defendants. The branch of the Supreme Court violates the verdict and refers the case to the court that issued the verdict. Javanroud Public Court of Appeal has been transformed into the General Criminal Court and a branch of the General Legal Court has been formed. Now, in your opinion, which competent authority is in charge of restoring the case (which court is the same as the general court issuing the verdict)? Why? Reply with citation and argument.
4. Summarize the defendant’s defense rights from the perspective of Iranian law and the legal system of developed countries?
Good Luck