The Process of the Suspension of Execution Order in Relation to the Application of Article 477 of the Code of Criminal Procedure

Judicial Deputy of the Chief Justice of Golestan Province:
Regarding the suspension of execution, which is one of the most frequent requests after acceptance by the authorities of Article 477 until the case reaches the Court, I must say that the order to stop the execution in accordance with Articles 478 of the Code of Criminal Procedure and Article 8 of the Executive Directive of Article 477 of the Code of Criminal Procedure will be made on November 28, 2019.
1. Article 478 of the Code of Criminal Procedure and Suspension of the Execution of the Sentence, the above article states that if the decision of the Supreme Court is to prescribe a retrial or the retrial is accepted in accordance with Article (477), the execution of the sentence shall be postponed until the issuance of a new sentence, and if the security has not been obtained from the defendant or the security has been denied or is disproportionate, the court that deals with the matter after prescribing a retrial shall provide the necessary security. It is obtained.
2- Article 8 of the Executive Directive of Article 477 of the Code of Criminal Procedure on November 28, 2019: If the Head of the Judiciary issues an order to stop the execution of the sentence at the time of review, if the retrial is rejected, the steps of revocation of the stay will be announced by the Judicial Deputy to the Judicial Authority so that it can act in accordance with the issued ruling.
If the Head of the Judiciary agrees to prescribe a retrial, the trial file will be sent to the Supreme Court for consideration by the Judicial Deputy in the implementation of Article 477 of the said law, and a copy of the letter will be sent to the judiciary of the relevant province for follow-up.
The people should know that it is possible to stop the execution operations only with the aforementioned permission from the higher authorities, and the authorities mentioned in Note 3 of Article 477 do not have the authority to stop the execution of the judgment, and the mere announcement of the occurrence of a mistake by the aforementioned judges will not stop the execution of the final judgments.