What is an arrest warrant?
What is an arrest warrant? What is the condition and method of receipt and the validity period of the arrest warrant? In legal cases, if someone is convicted, for example, in legal cases, the person is ordered to pay a check and the convicted person is not able to identify his property, the convicted person can ask the court to issue a forfeiture order. Or in a criminal case (the defendant), if the presence of the accused before the Public Prosecution and the Court is mandatory and he did not appear before the Court or the Public Prosecution, a warrant for his arrest is issued by the Court Judge. or case investigator.
According to the best criminal lawyer in Iran, the purpose of issuing an arrest warrant or arrest warrant is to compel the accused to appear in court and carry out legal procedures. Of course, the person who ordered his arrest is not always accused. In some cases, in order to further investigate the case process, a warrant is issued for the arrest of the person against whom a complaint has been filed.
There are two types of arrest warrants: regular arrest warrants and mobile arrest warrants.
Ordinary custodial order: In simple terms, if the case judge sends the custodial order to only one police station, then the custodial order issued is deemed to be a normal one.
Mobile Detention Order: In mobile detainment order, the detainment order is sent to all the police stations in the area. This type of reservation order is called a car.
Both types of warrants can be in two categories, criminal or legal. In the event that the whereabouts and address of the rich person are known, the arrest warrant issued is normal, otherwise the mobile arrest warrant is sent to all judicial centers. Therefore, a prerequisite for issuing a mobile subpoena is the lack of knowledge of the rich person’s place of residence or residence. An officer with a mobile arrest warrant, as long as the warrant is in effect, can arrest the arrested person throughout the detention area and bring him or her to the judicial authority.
What is the difference between memorandum and memorandum?
In fact, the terms of the judgment and the summons are no different from a legal and substantive point of view. If we want to be more precise, the terms “order” or “order of attraction” are more correct in terms of meaning. Because in judicial affairs, the word judgment is used in the meaning of final decision. In the event that the order or summons is not a vote, it is issued to follow up and implement the case procedures.
What is the purpose of issuing a mobile reservation order?
The case judge has two specific goals for issuing a subpoena:
- When the defendant, after the expiry of the court’s decision, is required to pay the debt after the issuance of the executive order and the expiration of the legal time limit, and within one month after the expiry of the legal time limit, he does not file an application. A bankruptcy application, and the defendant does not present any of his property for confiscation, and upon a written request from the convict, an arrest warrant is issued against the convict, and he remains locked up until his debt is paid.
- During the consideration of a criminal case, if the presence of the accused is necessary for the investigation, the accused will be notified to appear. If the accused does not appear, the investigator issues an order to bring the accused for the second time. Therefore, the case judge issues a warrant for the arrest of a person or persons in order to remove these suspicions and conduct further investigations. In such a situation, the accusation of a prominent person or persons has not yet been proven in court.
- Another case related to criminal cases, if the accused did not appear before the court to implement the criminal sentence.
Under what circumstances is a mobile arrest warrant issued?
In fact, the summons is issued to adjudicate and implement the sentence. Issuing a mobile arrest warrant has conditions, including:
- The most important and essential condition for issuing a mobile subpoena is that the plaintiff in the lawsuit, in accordance with laws and standards, must carry out the procedures related to the complaint and all its steps accurately and correctly.
- The second condition is the issuance of a court ruling. This means that after the complaint process is completed by the plaintiff, a summons will be issued if the person is found guilty.
- As mentioned in the previous article, the reservation order is issued on the mobile phone when the address of the person concerned is unknown and no address is available for him.
- The fourth condition for issuing a collection order via a mobile phone is that the person receiving the order is aware of the order issued against him and accepts that he is indebted. If the convict does not pay his debt and his property is not marked for forfeiture, a summons will be issued.
How valid is a mobile arrest warrant?
The date is entered on the order paper issued by the court. This date is actually the expiration date of the hold order. A mobile arrest warrant is valid until the date specified on it, and officers can arrest the suspect (the person against whom the warrant was issued) until that date. If the person has not been arrested at the time of the said date, the validity of the arrest warrant must be extended. The procedure for extending the validity of an arrest warrant must be made before the expiration date is rejected.
Investigate the arrest warrant with national law
In order to follow up on all the legal cases filed against a person, it is necessary for the person to register with the SNA system. Sana system is the official website of the judiciary. To register in this system, complete the registration process on the site and then complete your registration by visiting the judicial service offices and receiving your personal password. After registering with the SANA system, and after entering the Iranian justice system through the national code and personal password, you can proceed with your case. It is also possible to inquire about a mobile arrest warrant in this way.
Types of arrest warrant
The legal system:
If a person is sentenced to pay money in a court case after the judgment has expired and the executive order has been issued and notified to the accused and his refusal to pay on the specified date, as well as the person’s identity has not been established. The property of the accused by the accused in the case and the court, upon a request by the convict, issues a warrant for his arrest, and the judge cannot issue an arrest warrant except at the request of the convict.
Criminal order:
1) If the investigator or assistant public prosecutor deems it necessary for the accused to appear before the court in the preliminary investigation, and despite being notified, he is summoned by order of the judicial authority, and the reason for that is the negligence of the accused. to appear for the demonstration.
2) If the defendant does not appear for the execution of the judgment after his conviction and evidence of his guilt and the certainty of the court’s ruling, the judge of execution of the criminal judgments shall issue an order for him to appear.
Essential tips in mobile attraction
- What is clear is that the mobile attraction is limited to a specific time. If the person is not called within the time specified on the call sheet, the person cannot be called after the specified deadline.
- It is also worth noting that the mobile summons paper must be included that the enforcement of the court order must take place within the city and county limits and outside the boundaries (city or county) that cannot be enforced.
- It should be noted that in mobile confinement, the agent does not have the right to enter the home or home unless it is expressly stated in the arrest form, and failure to specify this means that the agent cannot enter the house or any place to move around. Arrest.
- Only the person who is responsible (applicant, plaintiff) or attorney can take action against the summons, other persons are not authorized to do so.
How is the reservation order executed, and what should be done after receiving the reservation order?
According to the criminal laws, after the summons was notified to the competent police station, the accused officer is summoned to appear before the judicial authority in the courtroom. If the accused refuses to appear, he will be arrested and brought before the court. It can be said that arrests are made during the day, and if the accused is hiding with the accused in the house or in a hidden place, the officer must obtain a warrant to enter the place from the judicial authority.
How to get a reservation order
In legal matters and in case of conclusive conviction, the defendant has to pay an amount such as a check, alimony, or a dowry… If a person refuses to implement the sentence during the execution phase of the sentence and the convict is unable to identify his property, he can submit a written request with the invoice requesting the court Issuance of a summons order due to non-payment of debts.
In criminal matters, if a criminal complaint is filed against a person, he will be notified according to the procedure of appearing in the courtroom to provide an explanation. After the end of the criminal sentence and the stage of execution of the criminal sentence, the notification of the execution of the criminal sentence is sent to the convict.
Reservation order with legal representation
A jurisdiction can only issue a subpoena in the jurisdiction in which you operate. Therefore, if the accused resides outside the jurisdiction of the court, the issuance of this order is not legally authorized unless the judicial authority grants judicial representation to the competent judicial authority in the place of residence of the accused, which is outside its jurisdiction.
last word
The mentioned conditions and rules were general. In fact, like the rest of the judicial matters, the order of forfeiture has other dimensions. In all criminal and legal cases, this paragraph and notes must be followed, and in this case the best and most correct course of action is to refer to him and receive advice and guidance from him.
