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The State Supreme Court is the highest judicial authority in the Country; to
supervise the proper enforcement of laws by the courts of justice, to make
judiciary precedent, to revise judgments delivered by the Military Court 1 and
the significant judgments of the Common and Revolutionary Courts. In addition
to the foregoing, the State Supreme Court, pursuant to section 10 of Article
110 of the Constitution is competent to investigate miscarriages committed by
the President in discharging his duties.
The main seat of the Supreme Court shall be in the city of Tehran. It is
composed of various branches. The Head of the Judiciary Power may establish
branches of the court in other cities as and when appropriate.
At the present time the State Supreme Court has 33 branches. Two of the branches
are in Mashad and the remaining are in Tehran. Each branch shall be presided
over by two judges, (one as chief and the other one as advisor) and may have
one deputy to discharge the duties of either of the two judges as and when
necessary. The chief and the advisor shall have the right to issue judgments.
In addition to the State Supreme Court, there is the prosecutor's office of the
State Supreme Court, (the State Prosecutor's office), composing of a chief (the
State prosecutor General) and the First and Second Deputies and a number of
assistants to the State Prosecutor General who discharge their functions
together with the State Supreme Court.
The Method of Conducting Investigations by the State Supreme Court .
The chief of the Branch No.1 of the State Supreme Court shall also act as chief
of the State Supreme Court. Cases will be assigned to the branches of the State
Supreme Court upon his instruction. He can delegate his authorities concerning
assignment of cases, and also acting as chairman of the meetings of the General
Assembly of the Supreme Court, to chief of another branch of the Supreme Court
or to his judicial assistant.
Each member of the branches of the State Supreme Court must study and verify
carefully, in succession, the cases assigned to him and upon adequate
consultations issue his opinion thereto.
The records will be investigated in proper order except in emergency cases as
will be determined by the Chief of the Supreme Court which will be done
quickly.
The parties to a case and their attorneys shall not be summoned for the
investigations except when their presence for giving explanations are needed.
In such cases for those whose presence are needed subpoena will be served. Upon
deliberation of the explanations and getting the opinion of the State
Prosecutor General or his representative the respective branch of the court
shall deliver the judgment. Failing to appear in the court by such persons
unjustifiably shall not cause a delay in the issuance of the judgment.
Functions of the State Supreme Court .
As it was explained already, the State Supreme Court has several functions. The
most important ones are:
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To supervise proper implementation of laws by the courts and to make judicial
precedents. (Article 161 of the Constitution).
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To verify violations committed by the president and to issue judgment thereto.
(Article 110 of the Constitution and the law Indicating the Extent of Duties,
Authorities and Responsibilities of the president, ratified in 1986).
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To verify the requests for revision of major judgments of the common courts,
Revolutionary court and Military Court 1 and to solve the difference of
opinions over the matter of jurisdiction and transfer of cases to the courts.
The State Prosecutor General Office will deliver its primary opinion on every
contradictory judgments. And for the purpose to ensure uniform judicial
precedent will submit to the General Assembly of the Supreme Court the
judgments in dispute, delivered by different branches of the Supreme Court, or
of the contradictory judgments delivered by the lower courts on a single issue
which have resulted difference in understanding from a particular law.
The General Assembly of the Supreme Court with due regard to the merits of the
cases, (civil, penal or ensuring judicial precedent) will classify them as
follows:
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The General Assembly of the Civil Branches consisting of chief of the Supreme
Court, and chief of the civil branches of the said court, will investigate
reiterative judgments of civil subjects issued by the lower courts.
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The General Assembly of the penal branches of the Supreme Court consisting of
the chief of the Supreme Court and chiefs of the penal branches of the said
court will investigate the reiterative judgments of penal subjects issued by
the lower courts.
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The General Assembly of the uniformity of judicial precedent for the purpose of
ensuring uniformity of judicial precedent of contradictory judgments of the
branches of the Supreme court and the contradictory judgments of the courts of
appeal, the General Assembly of the uniformity judicial precedent will convene
its meeting in presence of chief of the Supreme court, chiefs and advisors of
the civil and penal branches of the Supreme court. The judgments issued by this
Assembly for such purposes shall be binding on all judicial authorities of the
country.
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