A simple question from a law reader from the judges of the Supreme Court, as well as the Attorney General of the country and the first deputy attorney general of the country

Referred to the opinion of the majority of judges who are members of the General Board of the Supreme Court, which is valid and binding for judicial courts, and before that, the General Legal Department of the Judiciary issued advisory opinions, but since it was an (advisory) opinion, it did not have an operational and binding status; A criminal complaint from a judge, according to Article 421 of the Criminal Procedure Code, by referring to the General and Revolutionary Prosecutor's Office of Tehran (District 28 for government employees) and if he is a clergyman; Tehran's Clergy Special Prosecutor's Office files a criminal complaint against him for any reason;

But you know that the investigator or assistant prosecutor handling this lawsuit; In terms of the immunity of the accused judge, he cannot summon the accused, even if the judge considers the accusation against him, and only according to the procedure, first by sending the complaint of the plaintiff, he is asked to respond to the complaint (if he wishes).

Assuming that the charge is taken into account, the authority handling the criminal complaint; By sending a file or a useful report from it; He wants the police prosecutor to suspend the accused judge from his job as a judge so that he can be prosecuted and that authority does not suspend the accused judge from his job. The judicial officer who handles the case cannot continue the investigation and if the disciplinary authority does not accept the suspension, the case is practically closed.

If the disciplinary authority suspends judges; In this assumption, practically, the accused judge is no longer (judge) to be able to continue his judicial proceedings in the case that is pending before him, which is one of the reasons for Article 421, Clause C of the Criminal Procedure Code.

With this description, what was the need for the plaintiff and his lawsuit to propose and request the dismissal of the judge according to articles 422 and 424 of the Criminal Procedure Code?

So please note that the legislator has taken the initiative to approve the rule of rejecting the judge and the solution to prevent it and to oppress people to prevent the bias of the judges and the tyranny of the vote and their actions against the law and Sharia. Since the very beginning of the criminal procedure, such a rule has been established in the foundation of the modern judiciary, which is closer to justice and a fair trial, and because the accused judges are different from other defendants and they cannot be simply prosecuted, this method is completely Legally established.

The fact must be accepted that a number of defendants or other litigants may abuse this and the rule like other legal rules, but this is not a reason for the mistake of the law's clarity; is there

Is it right to close the entire law and legal rules for a few?

Of course, since the principles of the constitution and other normal laws approved by the parliament can be shut down and even the parliament itself can be bypassed, this is certainly possible.

How and with what legal argument did the majority of the judges of the Supreme Court of the country close down the explicit text of Article 421 of the Criminal Procedure Law by issuing the verdict of the General Board which is in accordance with the law and according to Article 473 of the Criminal Procedure Law except by law or unanimous decision According to Article 471 of the same law, they have issued a decree that cannot be changed? Isn't it a bit strange?

Let's be careful, now with this unanimous decision, if a judge intentionally or openly acts against the law, and the accused or any of the litigants complain about him to the competent judicial authorities as a plaintiff, and the same judge to the case, he can be relieved of the fact that he cannot the case is dismissed; If he continues to judge, won't it make things worse for the plaintiff or the defendant?

It is even worse when we know and you know that even if we file a disciplinary complaint against a judge in the Judges' Disciplinary Court and assume that he is convicted in the Judges' Disciplinary Court, it has no effect on the trial case in question and it is not even a cause for retrial from the Supreme Court. Why should the complainant try to claim the right to complain? What is the result?

Abdollah Abdi