Are disciplinary imprisonment sentences of one month at the beginning absolutely final? مقاله

خلاصه ماشینی:

(Refer to the page image) Written by Dr. Abd al-Husayn Aliabadi It is necessary to investigate the issue both in terms of legal texts and in terms of the serious responsibility of the Supreme Court of the country: In Note 1 of Article (134) of the Criminal Procedure Code, the legislator has stipulated as follows: Conviction involving a fine not exceeding twenty thousand Rials, as well as convictions of disciplinary imprisonment of up to two months or less, even if they include convictions of fines up to twenty thousand Rials or flogging, shall not be appealable. 4-The prosecutors' appeals against such flawed rulings are not related to the determination of two months of disciplinary imprisonment and the conviction of the defendant to said punishment, but rather because the criminal court, contrary to what is present in the case file, has changed the criminal classification and deviated from the legal article applicable to the crime committed by the defendant. 5-Article 134 of the Criminal Procedure Code, regarding the cases for which a request for cassation is made, is as follows: 1-In case of violation of laws regarding fault and its punishment 2-In cases of non-compliance with the principles and laws of criminal proceedings, provided that the non-compliance with the said laws is of such importance that it has influenced the court's ruling and renders the legal ruling invalid" is the positive appealability of rulings where the court, contrary to the law, has prescribed a misdemeanor punishment of two months of disciplinary imprisonment or less for felonies.