A new heresy in pardoning the accused and closing the accusation case by the leader of the Islamic Republic

Abdollah Abdi - Abdi Media

Mr. Honorable lawyer
Hello

In addition to thanking your Excellency for your courage and boldness in pursuing the rule of law and in the atmosphere of the release of prisoners, especially the recent events that may be subject to emotional criticism, you have responsibly published this tweet.

Although according to Clause 11 of Article 110 of the Constitution, the Leader (after) the proposal of the Head of the Judiciary can pardon (convicts) or reduce the punishment, but no judicial or non-judicial authority can order the investigator to stop the investigation and close the accused case.

Probably, just as the resolution of the creation and closure of numerous principles of the constitution and other ordinary laws against this goal and even the general policies of the system were stopped by Ayatollah Khamenei, and in a more strange move, judicial immunity was granted to its enforcers. that even the executives themselves do not have the ability to defend and justify it. And examples of that are the words of the first deputy the head of the office of the revolutionary president and a member of the Guardian Council; This legal rule has also been uprooted.

It seems that no one has thought about the legal consequences of this new legal heresy, and if they have, they don't dare to express fair criticism, lest the oats turn into gold and be subjected to emotional criticism by others as well as by the government.

It seems that if the head of the judiciary had followed up and acted on the amnesty and release (of the accused) through the Supreme National Security Council and the approval of Shaam and the approval of Ayatollah Khamenei, at least he would have been justified and legally clothed according to the constitution, which has been done in similar cases. .

Please refer to my notes in Abdi Media in this connection and especially the conflict between Principles 57 and 107 of the Constitution.