24 November 2022
Representation in Iranian Courts
Learn how courts in Iran are organised, from civil and family courts to appeal courts and the Supreme Court, and how our lawyers represent you in litigation.
The courts in Iran are classified by the area of jurisdiction (civil or criminal) and according to the level of the litigation or crime. Basically, our lawyers in Iran specify that there are no less than four civil courts:
– general civil courts,– family courts,– provincial courts of appeal,– the Supreme Court.
The family courts attend the matters related to family laws and they have jurisdiction over child custody and divorce. Regarding this matter, our attorneys in Iran can help as well by offering the correct advice for your situation.
Criminal courts
Iranian lawyers specify that, according to the law, the criminal courts are split into two categories:
– Criminal Court One,– Criminal Court Two (there are also juvenile and military courts).
Criminal Court One has jurisdiction over prosecution for felony charges. The second type of courts takes the cases which involve a lighter punitive action.
The Clerical Tribunal and the Court of Administrative Justice
Besides the types already mentioned, there are the revolutionary tribunals, clerical tribunals and the Court of Administrative Justice. Clerical courts have the task of punishing misdeeds by the clergy. The revolutionary tribunals are responsible for hearing terrorism charges and offenses against the national security. The Court of Administrative Justice investigates any objection or complaint issued by the people with respect to government statutes, organs and officials.
Islamic Law specialists
In consultation with the judges (of the Supreme Court), the head of the judiciary appoints, for five years, the Chief of Supreme Court and also the Attorney-General. Both of them must be specialists in the Islamic Law (among other qualifications).
Regarding the trials, the Constitution requests that all of them should be open to the public but, if the court determines that an open trial would put in danger the public order or public morality, then it will not be as such. Another similar situation is when both parties request that open hearings will not be held.
The public courts
The public courts in Iran, also known as the regular courts, are basically classified into a total number of four:
– the Civil Courts,
– the Family Courts,– Criminal Court One,– Criminal Court Two
.
All of these mentioned courts will, mainly, deal with the criminal and civil matters concerning the common public within Iran. The family matters, such as marriage and divorce, fall under the jurisdiction of the Family Courts (Family Protection Law 2013). Meanwhile, personal status matters (probate and citizenship) fall under the Public Civil Courts jurisdiction.
Sometimes, the named judges of these courts also fulfill some additional roles, such as mediators. Prosecutors' offices, abolished in 1994, were restored in 2002 and are separate from the courts. All of these judges have a higher education in law or Islamic jurisprudence.
If there are any other questions regarding this matter or if any of you are in need of a law firm in Iran, do not hesitate to contact us. We are always at your disposal.