Judicial system of Iran
The judicial system of Iran is based on Shi'a Islamic Law.
Related Topics:
Iran - Shi'a - Islamic Law
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In an Iranian court the judge acts as prosecutor, jury, and the arbiter; that is, the system is an inquisitorial system. The judge holds absolute power. In practice, judges may be overwhelmed by cases, and not have the time to excogitate about each case. All judges are certified in Islamic law, and most, but not all, are members of the ruling clergy.
Related Topics:
Iran - Judge - Inquisitorial system
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Once someone is accused of a crime, bail is set, and they are sent to jail if they cannot immediately pay it.
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The lack of time and total control of the judge results in overcrowding in Iranian prisons.
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The head of the Judiciary is appointed by the Supreme Leader, who in turn appoints the head of the Supreme Court and the chief public prosecutor.
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Public courts deal with civil and criminal cases. There are also revolutionary courts that try certain categories of offenses, including crimes against national security, narcotics smuggling, and acts that undermine the Islamic Republic. Decisions rendered in revolutionary courts are final and cannot be appealed.
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The rulings of the Special Clerical Court, which functions independently of the regular judicial framework and is accountable only to the Supreme Leader, are also final and cannot be appealed. The Special Clerical Court handles crimes allegedly committed by clerics, although it has also taken on cases involving lay people.
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