Abstract:
In the Fourth Development Plan law, the necessity of comprehensive support for veterans, especially as agents of the victorious results of the eight years of the Sacred Defense, was raised. Accordingly, the Assembly of Veterans of the Islamic Consultative Assembly, in cooperation with some executive institutions, by pursuing the issue of drafting the "Comprehensive Bill for Providing Services to Veterans," has approved the "Legal and Judicial Section of the Comprehensive Bill for Providing Services to Veterans" and placed it under discussion and final review by the relevant institutions in the government. In this writing, we will analyze the framework of the legal and judicial section of this bill, considering modern legal attitudes toward the issue of crimes committed by the armed forces and the process of handling their crimes, and relying on considerations affecting combatants (especially Basijis) and veterans (with the aim of participating in the evaluation of this text and helping in the accurate review and expert decision-making of competent authorities and officials). Finally, while criticizing the aforementioned text, we will provide appropriate solutions for clarifying the position of the Basij in this regard.
Machine summary:
In this essay, the framework of the legal and judicial section of this bill will be analyzed from the perspective of criminal law and criminology, taking into account modern legal perspectives on the issue of general crimes of the armed forces and the process of handling their crimes, and also relying on considerations affecting combatants (especially Basijis) and Isargaran, as well as the special attention of the aforementioned bill to Basijis as part of its beneficiaries based on Article 203 of the Employment Law of the Islamic Revolutionary Guard Corps, and finally, while criticizing the aforementioned text, appropriate solutions for clarifying the position of the Basij in this regard will be presented.
According to Article 50 of the aforementioned bill, the powers stipulated in Article 203 of the Employment Law of the Islamic Revolutionary Guard Corps and the facilities of the legal and judicial support offices for Isargaran, which were the responsibility of the IRGC under Article 203, are transferred to the Ministry of Justice.
Article 156 of the Constitution: "The Judiciary is an independent power that supports individual and social rights and is responsible for realizing justice and is in charge of the following duties: 1- Investigating and issuing rulings regarding grievances, transgressions, complaints, settling disputes, resolving conflicts, and making necessary decisions and actions in that part of the affairs of the state (omum-e hasbiya) that the law specifies.