New information on how courts of the peace work

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-Wednesday 2024/11/06 - 12:46
News Code:8062
اطلاعات جدید از نحوه کار دادگاههای صلح

Sheikh Hadi Sadeghi, Director of the Judiciary Dispute Resolution Center: 

The existential philosophy of the Peace Courts is to help the Dispute Resolution Councils to resolve disputes at the root and prevent the breakdown of families, establish reconciliation and peace, and do not deviate from their existential philosophy.

One of the innovations in the establishment of the Peace Court is that travel between the courts has become easier and all the problems of the case are resolved in the province and to resolve the dispute in jurisdiction between the Peace Courts and other judges, the case is not sent to the court. Other innovations are the issuance of an amendment report by the Dispute Resolution Councils, such as the amendment report of Articles 13 and 15 of the law, in the new law, amendment reports have also become objectionable, which is heard in the Peace Court. Even if a third party also objects, they can object to it. Another innovation is the possibility of issuing an amendment report in criminal cases. 

The last two innovations are very important that this new law has come to enable dispute resolution councils to move on the track of peace and compromise, which could not be achieved alone. In the old law, only 5% of the council's cases were at the request of the parties and 95% of the cases were referred from other authorities if the judicial power was not alongside the dispute resolution council, the councils were unsuccessful. This is one of the ways in which peace courts were decided to operate alongside the dispute resolution councils. 

The judges of the peace courts should look at the cases with a new perspective and consider peace and compromise as their priority and use the capacity of the dispute resolution councils for this to refer the case to the dispute resolution council based on Article 15 of the new law and this does not require obtaining consent from the parties to the case. The fact that they have no objection is enough for the case to be sent to the Dispute Resolution Council for compromise, and lawyers should not hinder this. 

Regarding how to refer several crimes of degrees 5, 6, 7 and 8 that are raised together in a complaint to the Dispute Resolution Council, there are two opinions. One is a collective opinion, which is based on local jurisdiction and can be dealt with together. The other opinion is a separate opinion, which is inherent jurisdiction and must be dealt with separately in the competent courts. The jurisdiction of the Courts of the Peace is not inherent.

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