Comparative Study of Judicial Representation In Iranian and French Law


Abdul Khaleq Qasemi،  Ibrahim Rezaei


Abstract

One of the important legal institutions that plays an essential role in facilitating and speeding up the judicial process in the investigating authorities is judicial representation. Judicial representation is an institution that is formed based on the local jurisdiction of the court and based on its related regulations in cases where the judicial proceedings for reasons such as investigations of informants and witnesses or examination of the premises or any other action that must be conducted outside the court headquarters. the person handling the lawsuit or outside the country, and the supervision of the court (court) is not a condition, In order to prevent the proceedings from being stopped, the judge is required to make a representation to the competent local court (court) so that the representative court (court) takes the necessary measures according to the case and sends the result to the representative court (court) in writing and through the parliament form. As a result, the investigating judge reached a definitive decision by examining the available documents and reasons (indirectly) and issued a hostile decision. The question is what court judges can give judicial representation to do, and what are the similarities and differences between judicial representation in Iranian and French law. In order to answer the aforementioned questions, this article has made a comparative study of the institution of judicial representation in Iranian and French law and has come to the conclusion that judges can investigate informants and witnesses, local examination and any action that the court supervisor If it is not in that condition, they can grant judicial representation, and in French law, judges can grant representation to perform any judicial act they deem necessary, and there are many similarities between Iranian and French laws regarding judicial representation, but despite the similarity There are many differences, too.



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