Quality of the Trial
Part one – Judge’s Proceedings after the Investigations are Completed
Article 177 – After a file is referred to a branch of a court and if there is no need for further investigation and measurement, the court will act as follows:
A- If there has been no accusation towards the accused or if the alleged act is not a criminal one, the court will issue a sentence of innocence or order the cessation of proceedings.
B- In cases except that of the above, if the parties to the claim are present and do not request a moratorium or the court does not consider the moratorium valid, or the case relates to public rights, or the plaintiff does not request to leave the trial, the court will investigate and issue the sentence through an official session.
C- In the absence of the parties to the claim or a request for moratorium in order to provide their defense or to present the request for losses, the court will determine an examination session and will inform the parties accordingly.
Note 1- If the plaintiff requests to leave the trial, the court will issue the arrangement to cease pursuit. This however does not prevent further complaints.
Note 2- There should be at least three days between the date of the summons and the date of call, and whenever there is an urgent matter, it is possible to summon the accused earlier.
Article 178 – In cases where the discharge of enmity or proof of the claim can be realized with a religious oath, it can be used by any of the parties to the claim.
Article 179 – If during the trial, the court discerns that the accused cannot be pursued due to the pardon of the private plaintiff (in forgivable cases) or any other reason, or if the court is not qualified, or the objection has been rejected by the prosecutor, the court will issue the sentence on the ban of pursuing the case, the incompetence, and accept or reject the objection accordingly.
Article 180 – When there is no access to the accused, or those persons summoned, and arrest is not possible due to an unknown address of residency, the date of trial mentioning the type of accusation (if deemed appropriate and no religious prohibition) will be printed once in one of the widely circulated newspapers or a local paper. There should at least be one month between the date of the ad in the paper and the date of trial. If the accused is absent on the day of trial, or has no defense, or a lawyer, the court will investigate in the absence of the accused in cases of public rights and will issue the sentence accordingly. The court order can be protested within 10 days of its issuance in the same court. With regard to religious rights, the investigation in the absence is not allowed. If the court has a strong suspicion about the committed crime, the file shall be kept open until the accused is arrested.
Article 181 – Whenever the accused does not appear, and lacks a valid excuse, and does not even send a lawyer, and if the court deems the presence of the accused necessary, the accused will be arrested. If the presence of the accused is not necessary, and the case does not have a divine right, the case will be reviewed without the presence of the accused, and the sentence will be issued accordingly.
Article 182 – When the accused requests the Magistrates Court to alleviate or modify the bail, the court will review the request and make a decision accordingly. The sentence of the court in this case is definite. Having the file in the process at the Supreme Court does not prevent the court to review this request.
Article 183 – Multiple accusations against an accused shall all be reviewed at once; however if concurrent investigations causes delay, the court will decide on the accusations that are ready to be reviewed.
Article 184 – After the court order is issued, if it is discovered that there are several other definite charges against the convicted individual, which are subject to the respective laws on multiple crimes, and that they affect the executable charges, the following actions may be taken:
A- When the issued sentences from the Trial Courts are closed out due to the non-existence of any appeal, the file will be sent to the final branch of the Trial Court, which has issued a court order that states a single sentence observing the laws of multiple crimes, and thereafter disaffirming other issued sentences.
B- If there is at least one sentence issued in the Province Court of Appeal, the files will be sent to the Province Court of Appeal to issue a single sentence observing the laws of multiple crimes and after disaffirming other issued sentences.
C- If there is at least one sentence approved in the Supreme Court, all files regardless of being in the Province Court of Appeal or the Trial Court will be sent to the Supreme Court to have a single sentence issued, observing the laws of multiple crimes and after disaffirming other issued sentences.
