In a tweet, Dr. Mohsen Burhani, a university professor and lawyer, mentioned the note under Article 18 of the Islamic Penal Code

According to the supplementary note to Article 18 of the Islamic Penal Code:
"If the court, in the issued verdict, determines the prison sentence more than the minimum punishment stipulated in the law; based on the clauses stipulated in this article (referring to clauses a, b, c, and d of Article 18 of the Islamic Penal Code) and other legal aspects, mention the reason for issuing a sentence that exceeds the minimum punishment prescribed by law; Failure to comply with the provisions of this note will result in fourth degree disciplinary punishment.

But be careful:

The judges of the primary court and if he doesn't pay attention, the judges of the appeals court of the provincial center need a detailed justification in the issued judgment and court order for the sentence of imprisonment more than the legal minimum.

That is, if, for example, a punishment has a minimum and a maximum of 1 year to 5 years, the judge must have valid reasons for issuing a sentence of more than 1 year and clearly justify it in the text of the decision.

If the judges do not comply with this legal requirement, by filing a complaint against the accused and convicted to the disciplinary prosecutor of the judges and referring to the investigating assistant prosecutor, and if the complaint is proven in other stages of the disciplinary proceedings, the relevant judge or judges in the trial process, disciplinary punishment of the 4th degree by the disciplinary court of the judges are condemned

But according to the previous notes in Abdi Media, I presented: the disciplinary complainant and the convict in the judge's disciplinary complaint case; And assuming he pays attention to the process of his complaint and the conviction of the judge or judges, this conviction has no effect on the conviction and the case under complaint. And it is not even one of the grounds for resuming proceedings from the Supreme Court!!

Therefore, it should be said to the structure of the judicial system and the representatives of the Revolutionary Parliament that there is a judicial deadlock at this point and running is absurd in this regard.

The important result is the necessity of reforming the method of handling police complaints and resuming criminal and even legal proceedings. is anyone listening?

Abdollah Abdi