Analysis of the validity of finalized opinions in jurisprudence and law with a look at Article 477 of the Code of Criminal Procedure

Document Type : Original Article

Authors

1 Department of Private Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.

2 Law Department, Ghods City Branch, Islamic Azad University, Tehran, Iran.

10.30510/psi.2022.333694.3275

Abstract

In all legal systems, it is possible for a judge to err in the course of the proceedings. Therefore, an attempt has been made to find a solution to a mistake, even in a final judicial decision. The subject of the present article is "the tendency of the validity of verdicts in jurisprudence and law with a view to Article 477 of the Code of Criminal Procedure." The purpose of choosing a topic is to examine the obstacles, problems, challenges and shortcomings that exist in this field. In principle, given the rule of validity of the final judgment, the number of final invalid votes should be small, but in practice it has been seen that the number of invalid votes is higher than expected. The legislator has not provided a specific definition of the pillars and conditions of this concept regarding the illegality of final votes, so we have to review each of the principles and sources of violation of final votes that have a negative effect on the validity of the votes.
After stating the generalities, the researcher has tried to protest against the final verdicts, including the retrial of the subject of Article 474 of the Code of Criminal Procedure, approved in 1392, and expressed their strengths and weaknesses, and presented the suggestions and results of the research in this regard.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 414-430

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