An Analysis of the Position of the Permission of the Leadership Regarding the Development of the Jurisdiction of the Judicial Organization of the Armed Forces in Iran's Legal System

Document Type : Original Article

Author
Mohammad Khorshidi Athar
PhD student in Criminal Law and Criminology and University Lecturer, Faculty of Law, Tarbiat Modares University, Tehran, Iran
10.22034/lc.2025.503139.1587
Abstract
Jurisdiction of the judicial organization of the armed forces in Iran's legal system, based on the three periods of permission to develop the jurisdiction by the leadership in 1987, 1994 and 2020, is no longer limited to crimes related to the specific military and disciplinary duties of the armed forces employees. Examining the position and identifying the executive territory of the permissions based on the additional jurisdictions of the military courts in time are the issues that the present research is responsible for describing and analyzing with a library study. The aforementioned permissions according to the theory of the absolute authority in the hierarchy of laws are placed in a position beyond Article 172 of the Constitution. The approach of the legislator in the provision of Note 1 of Article 597 of the Criminal Procedure Law in resolving the objection of the Guardian Council, while not referring to the permissions after the date of approval of the law in 2013, clearly emphasizes the high status of the permissions of the development of the jurisdiction of the judicial organization of the armed forces.
Keywords
Absolute Authority
Constitution
Permission
Judicial Organization of the Armed Forces
Development of Jurisdiction

Subjects