Jurisprudence

Jurisprudence

Deviation of the path of criminal justice through the irregular issuance of "Anateh" decree "Criticism of a document on the subject of the crime of transfer of another's property" Abstract

Document Type : Original Article

Author
Associate Professor, Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran
Abstract
According to the provisions of Article 21 of the Criminal Procedure Law, whenever the prosecution of a public lawsuit or the proceeding of a criminal court is assigned to resolve issues that are beyond the jurisdiction of the prosecuting authority or the criminal court, the latter authorities are "obliged" to conduct the proceedings By issuing the order, stop the investigation and leave its continuation to the definitive opinion of the competent authority. In cases where, even though there are cases related to the subject under consideration in the legal authorities, but the process of consideration and decision-making in them is not effective in the consideration and judgment of the criminal court, the issuance of the order of remand has no basis. Issuing Anatah orders in cases other than those recognized by the legislator and stated in Article 21, in addition to delaying the proceedings of the case a lot and delaying the decision regarding the case in an unjustified and inexcusable way, it can recognize and make it difficult for the criminal court to ascertain the truth. In this regard, with the descriptive and analytical method and with the aim of identifying some problems and challenges that exist in the judicial procedure surrounding the use of Anatah decree, to review and criticize (form and content) the document issued by the 10th branch of the Court of Appeal of Kermanshah province with the issue of issuing a decree Anata is paid.
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Volume 1, Issue 2 - Serial Number 2
September 2025
Pages 175-191

  • Receive Date 18 August 2025
  • Revise Date 06 December 2025
  • Accept Date 23 November 2025