– The basis for the illegal closure of commercial centers and the failure to announce the crime to the Public Prosecution in implementation of its legal responsibility

Despite coordination and support from the relevant official and governmental bodies, there were numerous and comprehensive reactions from experts, civil activists, professionals, and human rights activists at the national and international levels, declaring the illegality of summoning and seizing citizens. Vehicles in violation of the law, the legal prohibition of sending text messages that do not respect the rights of citizens of individuals, the prohibition of overtaking and the lack of jurisdiction of the police force to try citizens despite the direct jurisdiction of the two criminal courts in this regard. to it” in accordance with Article 340 of the Code of Criminal Procedure and Article 638 of the Islamic Penal Code and “the need to prohibit any discrimination against girls and women” and the necessity “to provide legal documentation of the authority to send text messages.” And summoning citizens and impounding their cars in violation of the law without a clear and specific judicial order and the basis. The legality of that organization’s involvement was confirmed despite the criminal court’s jurisdiction.

Meanwhile, Mohammad Reza Zamani Darmzari (Farhang), responsible director of Zamani International Institute and Law, principal advocate of the judiciary and author of the legal books “Achievements and Innovations in Criminal Procedure Law”, “Human Rights and Legitimate Freedoms of Citizens” and “Legal and Practical Requirements for Civil Procedures” said. and … also in two published notes with the title; “The legal warning of Faraj’s lawyer” against preventing police forces from summoning and seizing people’s cars to legal liability for violating the basic rights of citizens ( and “Twenty reasons and legal basis for prohibiting the summoning and seizure of citizens’ cars and the legal liability “Faraj” ( /xjW2n) according to the prescription stipulated in Article 8 of the Law for the Protection of Good and Evil and the eighth principle of the Basic Law, regarding the necessity of respecting citizenship and the basic rights of the people and protecting the legitimate freedoms of citizens and not violating their citizenship rights. The legitimate and basic rights of citizens in accordance with the ninth principle of the Constitution, and legal responsibility for actions contrary to the Faraj Law.
However, after the broadcast of the clip attributed to the involvement of the Friday imam of one of the southern islands of the country and the clergy and people or forces accompanying him, in the order appearing in it and the order announced in the said clip in space and virtual media (assuming authenticity and accuracy); The story of the irresponsible legal interference of that religious authority and the emphasis on closing shops related to the claim of non-observance of the Islamic veil or the entry of women without veils into those shops and the illegal interference of the accompanying agents in tightening the closure of the shops. The relevant stores and apparently without the presence or issuance of any necessary judicial or legal order or during the relevant legal proceedings, as stated in that section …!

And assuming the correctness of the content of the aforementioned passage and the truth of the facts evident in it and the attribution of the actions taken in it to the aforementioned persons – and this question is basically raised on the basis of the illegal interference of a cleric, even if he is the imam of a city or an island. Claims mentioned above or similar and damage to the income status of citizens, their companies and their families? What are the principles of penal procedures and mandatory, inviolable and inviolable legal requirements that are compatible with the principles of criminal procedures in the previous section?! What is the position of “shoot-at-will” measures in the constitution, criminal procedure code, legal requirements, human rights, and international rights committed by the Iranian government? What is the legal basis for the above actions? What is the purpose and responsibility of the aforementioned procedures and the omission of the legal and judicial authorities for procedures that violate previous laws and similar ones? And how does it correspond to the oath taken by the competent and legally responsible judicial authorities regarding entering and prosecuting illegal acts and not declaring a crime against them, and how do the actions expressed in the relevant passage agree with literary, human and literary teachings. Sharia, customs, and practice of the Messenger, may God bless him and grant him peace, and the infallible imams, the rule of harm and harm in Islam, the presentation and honor of believers, and the “sanctity of believers.” The work of the believer” and “the dignity and human dignity of citizens, businessmen, and respectable merchants” and the obstruction of their income, livelihood, and respectable families correspond?! Who said in the words of the martyr Madras. “Man and nature are two basic pillars of creation. any disrespect for them; violation of the honor of creation … “

And regardless of the disagreement of jurists, jurists, Sharia scholars, and major references on the category of “compulsory veil” and the opinions of opponents of government intervention in this matter, such as the late Ayatollah Taleghani, Mohsen Faqih Shirazi, Ibn Hanbal, Muhammad bin Yaqoub Kelleni, and Ahmad bin Hussein al-Bayhaqi, who “… He believes that banning the veil has no jurisprudential and historical precedent and the lives of innocent people, especially the Prophet, may God bless him and grant him peace and Imam Ali (PBUH), who took the initiative to form the government, based on the government’s commitment to not having a veil, and were satisfied with preaching and guidance, and were never in the position of issuing judgments And criminal penalties for not wearing the veil.. (Encyclopedia of Jurisprudence), assuming the sense of religious responsibility of respected clerics regarding the issue of non-compliance with the Islamic veil, do they lack any legal and religious responsibility towards other social harms that are evident in society and are recognized and increasing? “Rampant corruption of government administrators and related organizations” – “Poverty, corruption and prostitution in Iran” ( – “Deplorable and widespread prostitution for livelihood and waste of days” ( – “ Increased selling of kidneys and body parts to the needy” ( amal = agahi & m = 1) – “Sleeping trays, graves and sleeping roofs for needy citizens in the Muslim community” – “Women, girls, children and men bend at the waist in urban and rural dumps” ( /news-841477 ) – “The series of school poisoning and the failure to find evidence and its main factor since December 1401 until now” ( despite the disruption of public order in schools and society and the deprivation of students and their families of human security and citizenship, such as teachers and school workers – “factors of attacks With the tear gas of Koi University and the unfortunate tragedy of Kehrizak” ( and“The downing of a Ukrainian passenger plane, the killing of its innocent passengers and the sad end of the families of those killed” – “Exorbitant government and regulatory rents” ( – “Dreamers, happy and advanced grooms in the management of large companies and institutions ( In contravention of the 19th and 20th principles of the Constitution – “astronomical inflation, astronomical real estate, unemployment, addiction, domestic and social violence that is increasing and institutionalized in society” – the oppressive factors of citizens, arbitrary arrests of individuals and the violation of their basic and citizen rights” – “masculine factors of beating females against girls And women protesting against Sharia, morals, custom and law! Thousands of abnormalities and social damage are increasing day by day?! Or, like Farja’s cameras, do they have the systematic and purposeful ability to identify girls and women who demand freedom of expression, respect for their privacy, respect for the legitimate freedoms and basic rights of citizens, and the prohibition and elimination of any discrimination against Iranian women and girls? And their primary and primary responsibility is to interfere in the Islamic hijab state for Iranian women and girls…?!

One of the main goals of the constitutionalists during the constitutional revolution was to avoid arbitrary measures contrary to law and justice, and to modify the doctrines of religious and political tyranny at that time, with the aim of emphasizing the need for the government and the nation to obey the basic rights of citizens. , in a similar and complementary arrangement as laid down in the Constitution of the following periods, and notwithstanding the inherent legal competence of the judiciary and judiciary and the numerous legal duties of the public prosecutor, there is no place for acts contrary to the law, and there is no fire at the discretion of any of the persons and authorities, the legal validity is not inconsistent with The legal requirement stipulated in the ninth principle of the Constitution, and not based on it …! If such actions are repeated despite the presence of a large number of judicial and representative bodies and relevant legal authorities, it will make citizens feel disgusted with them and create a basis for chaos, anarchy, illegal actions in society and violation of basic rights. Citizenship will be provided to the people and good morals, and the permanent scenario of “Tengseer Film” will be recalled, which is not in line with the general interest of society, nor in line with the protection of public rights, nor with the legal requirements and duties and the regulatory message of the public prosecutor and the judiciary will be compatible and not compatible with literary and religious teachings And moral…!
The first expectation of the citizens of a cleric and the imam of each city is to “observe morals, order, law, Sharia and legal teachings”, “respect and promote the law and the general order of society”, “observe the principle of separation and prohibition of conflicting interference” according to the law regarding the duties of the public prosecutor and the judiciary, and not the order observed And it is clear in that passage, assuming it is correct…!! In this case, it is a cause of regret and a cause of great impression. Of course, the silence and failure to disclose the prosecutor’s crime in pursuit of the resulting legal responsibility is also worth considering.

* University lecturer and basic lawyer for the court

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