Document Type : Original Article
Authors
1
Assistant Professor, Department of Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran
2
Assistant Professor, Department of Criminal Law and Criminology, Andimeshk Branch, Islamic Azad University, Andimeshk, Iran
3
Assistant Professor, Department of Criminal Law and Criminology, Damghan Branch, Islamic Azad University, Damghan, Iran.
4
PhD in Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran
10.22084/qjpla.2025.30858.1031
Abstract
Carefully in Article (12) of the executive Ordinance of the law on the supervision of the conduct of judges adopted in 2013, which was approved by the head of the judiciary on the twenty-fifth of the month of Adar, we come to the behavior that violates the conduct of the judiciary, which gives the intention of the legislator in the aforementioned article Poems : "the purpose of the act contrary to the custom of judges is the subject of the comment of paragraph(6) of Article (17) of the law (supervision of the conduct of judges) of any current action or abandonment that causes the reduction of the position of the judge or the creation of the public's pessimism or distrust of the judiciary...». According to the author, for reasons, legal , Sharia, customary and social and even rational, the participation of the judge of the court of appeal of Khorasan Rezavi in the issuance of the hypothetical death sentence of the strategic deputy of the executive branch in a popular society(dated 13 Bahman 1403 in the holy mosque) can be one of the sources of behavior contrary to judicial dignity, which can be considered as the context and importance of this article. In this research search we are looking for this question by taking a descriptive analytical and comparative look at the use of the documentation and library method that we have used in data analysis Ali as a result of the exemplary and populist actions of the Sharia and legal appointed judge against the head of the Islamic State it seems that with every measure and angle we look at the case such actions except pure harm from whatever we look at the case there is no positive outcome in the case of the Islamic State it won't.As a result of the issuance of preventive instructions in the judiciary and the Prohibition of any political activity of the military and security forces by the provision of Article 40 of the Armed Forces Criminal Code It could be another proposed approach to this.
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