Today, every person who is somehow involved with the government punishment organization must have complete information about the regulations of punishments and be able to use the information published in this regulation in a good way. This regulation consists of different sections, in each of which specific orders and rules have been published. Be careful that all parts of this regulation may not be necessary for you, but still it is better to read all of it completely.
In the rest of this article, we have provided you with a complete and comprehensive list of punishment regulations, which you can read section by section. In addition, you should be careful that in each of the sections of this regulation, we may also add explanations that reading these explanations can be useful and beneficial for you. So, if you are also looking for the comprehensive regulations of punishments along with explanations about it, we suggest that you read the rest of this article carefully.
The first chapter of the regulation of government punishments
The regulation of governmental punishments is examined in the first chapter of the topic of organization, which is one of the most important parts of this regulation. This part of the regulation contains several different articles in which the definition of these organizations is presented to you and you can get a complete definition of the organizations and organizations of government punishments. In this chapter of the regulations, you can also get to know the head of this organization and get information about the number of deputies and in general the different departments of this organization.
Some articles in this chapter have special notes. In general, these notes specify in which financial issues the government penal organization can enter and in which of the departments it can issue rulings. So, if you are also interested in getting general information about the general conditions of this organization, you must carefully read the first chapter of this regulation, which is related to the organization of this organization.
Article 1 – In the implementation of the note 2 of the single article of the Law on State Penalties Law approved on 12/23/1967, the Council for Expediency of the System approved on 7/19/1973 and Article 3 of Regulation No. 5202-73 AD approved on 7/20/1973 of the Government Board of the “Penalty Organization” “Government” which is referred to as “organization” in this regulation is formed under the supervision of the Minister of Justice and performs its duties based on the regulations contained in this regulation.
Article 2 – The government penal organization is an independent organization, its head is the deputy minister of justice and appointed by the minister of justice and will have the necessary number of deputies.
Article 3 – The head of the organization is the deputy minister of justice and will be appointed by the minister of justice and will have as many deputies as needed.
Article 4 – The executive affairs of the organization are the responsibility of its head and he will perform all the legal duties specified in this regulation and the approvals of the Expediency Council.
Article 5 – In the centers of the provinces, the General Administration is established and in the cities, the State Penitentiary Administration is established.
Note 1 – The establishment of government penal offices in other cities will be proposed by the head of the organization and approved by the Minister of Justice.
Note 2- The formation of the General Administration of Government Penalties of the cities of Tehran province and its separation from the General Administration of Greater Tehran is allowed upon the proposal of the head of the organization and the approval of the Minister of Justice, using the approved funds and the available human resources of the organization.
Article 6- The head of the first branch of government punishments in Tehran and the head of the general department of the cities of Tehran province and the head of the first branch of the centers of the provinces will be the director general and the head of the first branch of the city and other cities will be the head of the aforementioned department and office.
Article 7 – All administrative, financial, service and support affairs of the organization in Tehran and the centers of provinces and cities will be carried out by the head of the organization or authorized persons on his behalf.
Article 8 – Carrying out all administrative, financial and service affairs and support of the organization in Tehran and the centers of provinces, cities and other cities is with the administrative and financial deputy.
Comment 3 – In order to decentralize, the organization can hand over its administrative and financial affairs to the provincial government penal administrations.
Note 4 – The organization is allowed to change the status of its employees, who have at least five years of service experience in the organization and at least a bachelor’s degree or equivalent, from a contract to an official one.
Note 5 – According to Article (75) of the country’s public accounting law and its executive instructions, the organization can transfer a part of its credit to the provincial units and have an accountant in its provincial units.
Note 6 – In order to decentralize, the organization can hand over its administrative and financial affairs to the provincial government penal administrations.
Article 9 – The deputies of the organization are appointed by the proposal of the head of the organization and the notification of the minister of justice and the general managers and heads of departments after the approval of the minister of justice and with the notification of the head of the organization.
Article 10- In order to deal with and issue judgments regarding violations under the jurisdiction of the Government Penalty Organization, a branch under the title of Government Penalty Handling Branches will be established in the centers of provinces and cities. Said branches include primary, appeal, high and special appeal for smuggling of goods and currency.
Article 11 – In order to deal with and issue judgments regarding violations of the Law on Government Penalties, a branch will be formed in the centers of provinces and cities under the title of Branches for Handling Government Penalties. Said branches include primary and appeal branches.
Note 7 – Primary branches are formed with the presence of a chairman.
Note 8 – The appeal branches are formed with the presence of one chairman and two members, the branch meeting is formalized with the presence of two people and the votes issued with two affirmative votes will be valid and enforceable.
Note 9 – High branches and special appeal branches for goods and currency smuggling in the central organization will consist of a chairman and two advisers and will act according to the relevant regulations.
Note 10: Primary branches are formed with the presence of a president.
Note 11: Appeal branches are formed with the presence of a chairman and two members. The branch meeting will be formalized with the presence of two people and the votes issued with two votes in favor will be valid and enforceable.
Article 12 – The heads and members of the primary and appeal branches are appointed by the proposal of the director general of the province and notification of the head of the organization.
Article 13 – The presidents and members of the primary and appellate branches are appointed from among retired judges, graduates of law and jurisprudence and fundamentals of law, or from clerics who have an education equivalent to a bachelor’s degree and have a good reputation and adhere to the rules of Islam.
Article 14 – The heads and members of the primary and appellate branches can be among the judges, working or retired employees, clergymen, armed forces, or among the graduates of law, theology, political sciences, administrative sciences, commerce, and social sciences who have a good reputation and To be elected according to the rules of Islam.
Article 15 – The required employees of the organization will be provided from among the working and retired employees of the government and public institutions who will be assigned to serve or outside the office hours and will be provided to the organization and if needed, it can hire the necessary forces.
Officials of government institutions and government-affiliated companies and municipalities are obliged to cooperate and assist.
Article 16 – The detailed organization, description of duties and job classification of the organization will be proposed by the head of the organization and approved by the Minister of Justice.
Article 17 – The number of primary and appellate branches and the detailed organization of the organization and the description of their duties will be approved by the Minister of Justice, which will be approved by the President.
Note 12 – The number of primary, appellate, high and special appeal branches for smuggling of goods and currency is determined by the proposal of the head of the organization and the approval of the Minister of Justice.
Article 18- In order to deal with the disciplinary violations of the heads and members of the branches, a branch will be established in Tehran as a “special branch for dealing with disciplinary violations”. The said branch will have a president, two advisors and one alternate member. The members of the branch will be retired and commissioned judges and heads of branches (with at least ten years of tenure in the branch) who are appointed by the Minister of Justice for a period of (5) years with the proposal of the Ministry of Justice and the approval of the President.
Article 19 – In order to deal with the disciplinary violations of the heads and members of the branches and officers of the Government Punishment and Inspection and Supervision Organization, a branch with the title of special branch for dealing with disciplinary violations will be established in Tehran. The said branch will have a president, two advisors and one alternate member. Members of the branch will be retired judges and heads of branches (with at least ten years of tenure in the branch) who will be appointed by the Minister of Justice for a period of five years with the proposal of the Ministry of Justice and the approval of the President.
Note 13- Convening a meeting with the presence of three members and issuing a vote will be by majority vote.
Note 14- The punishment of the violators of this article will be based on the instructions that are approved by the Minister of Justice in compliance with the relevant laws and regulations.
Note 15- Branch meeting will be held with the presence of three members and voting will be by majority vote.
Note 16 – The punishments for the violators of this article will be according to the laws of government punishments.
Note 17- If the news and information of cases and accusations of persons are reflected in mass media before the issuance of a definitive verdict by the officials of the inspection and supervision organizations with governmental punishments, the officials of the governmental punishments and inspection and supervision organizations will be considered as violators and subject to the punishment prescribed in the relevant laws. .
Note 18 – The punishment of the violators of this article will be based on the instructions that are approved by the Minister of Justice in compliance with the relevant laws and regulations.
Note 19 – The issued votes are final, except in cases where it is against the law according to the judgment of the Minister of Justice.
Article 20- The funds needed by the organization are provided to the organization by the government to be spent according to the determination of the Minister of Justice and the authorized persons on their behalf, and in the coming years, it will be foreseen in the country’s budget under a separate line.
Article 21- The financial, transactional, employment and payment system and organization of the organization are exclusively subject to this regulation and the regulations that are approved by the Cabinet of Ministers at the proposal of the Minister of Justice and are excluded from the inclusion of public accounting laws, state employment, state service management and other general regulations. and it is subject to the law on how to spend credits that are exempted from compliance with public calculations and other general regulations of the government according to the law.
Article 22 – Financial, transactional, employment affairs and the payment system and organization of the organization are exclusively subject to this regulation and the regulations that are approved by the government board at the proposal of the Minister of Justice and are excluded from the inclusion of public accounting and state employment laws and are subject to the law on how to spend credits It will be outside the scope of the Public Accounting Law and other public regulations.
Note 20- The organization can pay its employees and heads of branches, taking into account the importance of the job and the employee, education and ability to perform assigned tasks, respectively, up to sixty percent and one hundred percent of the salary as a special bonus from the organization’s funds.
Note 21 – The organization is obliged to amend the financial, transactional, employment regulations and payment system of the government punishment organization based on the provisions of this article and submit it to the cabinet for approval within six months.
Article 23 – The place of establishment of the organization’s units and their necessary equipment will be provided from the government facilities with the cooperation of the provincial penal affairs coordination commission, and if necessary, it will be provided from the organization’s budget.
Note 22- Officials of government and government-affiliated organizations are obliged to cooperate if the need of the organization is announced.
Article 24 – All the officers of the judicial system and the officers of the inspection and supervision organization of the rules of the government punishment organization and act towards the implementation of the orders of the authorities of the government punishments.
Examining the goals of the government penal organization
Among the most important parts of the Government Penal Code, we can mention the provisions related to the goals of this organization, the study of which can provide you with comprehensive and complete information about this organization. In one of the notes of these materials, as you read, it is ready that one of the most important goals of this organization is the decentralization of the provinces, which can have a great impact on the country’s administration process. In addition, in order to better handle the affairs of this organization, various branches are also formed in the provinces.
The branches that are formed in the provinces today have a president and two members. In the continuation of these rules and notes, you can get more complete information about the formation of different branches in the provinces, and in this way, you will get to know more about the work process of the government penal department. In addition, a special branch has been established in Tehran province, which is known as the branch for dealing with police violations in Tehran, and as its name suggests, it deals with violations in this field.
In the next sections of this regulation, you can get information about how to reward, salaries, etc. of the members and employees of this organization.
The second chapter of the regulation of government punishments: procedure
In the second chapter of the Government Penal Code, you can find information about how different cases are handled using the code. In fact, this regulation specifies in the beginning in which cases the government penal organization can intervene and handle them. For example, in Article 18 of this regulation, from the second chapter, there are things such as the price of products and goods, how to distribute goods, and of course, various services, etc., are among the things that this organization can deal with.
In one of the provisions of this regulation, it is stated that this organization can also carry out the necessary proceedings in case of complaints by natural or legal persons. Of course, this is on the condition that these complaints are dealt with by the government penal organization. In another section of the second chapter of the regulation, you can get information about how to inform and present news to people, and using this information can be useful and beneficial for you.
Article 25 – The primary branches of governmental punishments begin to deal with the following cases:
A: The report of the agents of the inspection and monitoring organization for the price and distribution of goods and services.
B: Report of the General Inspection Organization of the country and other judicial, governmental and police authorities.
A: Complaints of natural and legal persons.
Note 23- Simultaneously with the initiation of proceedings in the primary branches, a copy of the reports of paragraph b is referred to the monitoring and inspection organization, the aforementioned organization submits its expert opinions to the relevant branch for consideration in issuing a decision within a maximum period of 15 days.
D – Announcement of information, news, public reports and individuals.
Article 19 – Governors of provinces and heads of city offices can assign a number of branches on a mobile basis, and if necessary, inspectors and agents of the inspection and supervision organization will perform duties in these branches. Also, the qualified persons mentioned in Article 10 of this regulation and with the notification from the officials of the governmental punishment organizations, and monitoring and inspection can carry out the responsibility of both organizations in a mobile manner.
Article 26 – The opinions of the primary and appellate branches must be documented in the articles of the relevant law and regulations, and cited articles must be mentioned. And the introduction of votes should also contain work report and detailed description of violations.
Article 27 – None of the members of the investigation branches can be prosecuted in relation to the opinions issued by them, except in the case of proving criminal intent.
Article 28 – The decisions of the lower courts in cases where the punishment foreseen in the law is a fine of up to two million Rials for each case, and the excess can be appealed from the district of the convicted.
Note 24- In special cases, the decisions of the lower courts can be revised upon the proposal of the head of the government penal organization and the approval of the minister of justice.
Article 29 – The following persons also have the right to appeal against all the decisions of the lower courts:
A- The private plaintiff of the case in case of acquittal of the accused.
B- Members of the Coordination Commission for Punishment Affairs in the relevant province and city.
C- Heads of governmental punishment and inspection and supervision organizations.
If the convicts or the heads of the government penal and inspection and supervision organizations consider the final decisions of the penal branches to be against the law, they can request a retrial from the Minister of Justice stating the reason. If the Minister of Justice accepts the request or deems the decision to be illegal, he will refer the case to the Supreme Court of Appeal, which is established for this purpose in the center. The decision of this branch is final and the actions of this note will not prevent the implementation of the appeal decision.
Article 30 – The deadline for appeal for the convicted person and the plaintiff will be 10 days from the date of notification and for other persons up to 3 months after the date of issuing the verdict.
Article 31 – If the appellate courts consider the decisions of the lower courts to be less than the legally prescribed punishment, they can intensify it.
Article 32 – When the violation of individuals is one of the crimes listed in the criminal laws, the government penal branches are obliged to investigate the violation and issue a decision of the law and report the situation to the competent court to deal with that crime, any decision of the judicial authorities will prevent the implementation The punishment will not be government punishment.
Article 33 – Hearing and issuance of verdict in the primary branches will take place after hearing the defense of the accused.
Article 34 – If the accused does not appear within five days from the date of the notification or does not send a bill, the investigation will be conducted in absentia.
Article 35 – Violations of partners and deputies are dealt with in a branch that has the authority to deal with the case of the main offender.
Article 36 – Multiple violations of the offender are dealt with together and together, and if he commits a violation in several areas, it is dealt with in the area where the most serious violation was committed, and if the violations are of the same degree, the case is handled at the place of residence of the offender or his place of employment. will be.
Article 37 – If a person commits several violations, he will be punished for all of them.
Article 38 – The convicted person is obliged to pay the due fine and implement the decision within 10 days from the date of notification after the decision is final and notified. Otherwise, the fine will be collected from the place of sale of his property at the officially declared rate “except for the exceptions of debt”.
Article 39 – The place of business or activity of the suspect will be closed from the payment of the fine until its collection, and if necessary, the suspect will be arrested.
Article 40 – All crimes will be deposited into a special account opened for this purpose at the General Treasury.
Article 41 – All government organizations, such as the document registration organization, the prisons organization, the police force, the justice enforcement and enforcement units, and banks are obliged to cooperate and, like the final decisions of the public and revolutionary courts, they will provide for the implementation of the decisions of the government penal branches.
Article 42 – This regulation in 36 articles and 6 notes was approved on 08/01/2013 at the suggestion of the Minister of Justice and is in force.
Details of the second chapter of the regulation of government punishments
Regarding the second chapter of the regulations of government punishments, you should also pay attention to some other important points. In Article 23 of this chapter of the Penal Code, all the people who have the right to appeal against the rulings of this organization are specified, including the private plaintiffs of the case, members of the commission, etc. In addition, you should be careful that the heads of government punishment organizations can also register their protest against the issued sentences and appeal.
In the next article, i.e. article 24, the period of time that a person can protest against the sentence issued by the government penal organization is mentioned, so you must read this article very carefully. In the following articles, you can get information about how the government penal organization should act against the objections to the issued rulings, and the study of this section will undoubtedly be useful and practical for people who have objections to the rulings.
Final points related to the regulation of government punishments
In Article 41, some points regarding the handling of violations by people who are active in this organization are also stated, which will be worth reading. One of the important points mentioned in Article 41 of this regulation is that all public and private organizations that are currently operating in the company, including banks and armed forces, must cooperate with this organization. This issue shows the high importance of the government penal organization in dealing with cases and various legal problems.
Article 39 of the Government Penalties Regulations also talks about the fines received from individuals or businesses, so it is better to read this article carefully. In general, you should be careful that this regulation has 42 articles and 24 notes, which was approved on 08/01/2013 at the suggestion of the Minister of Justice. The importance of this regulation is very high for individuals and businesses who are involved with this organization in some way, and they must read it carefully.
Conclusion
The regulation of governmental punishments that you read in this article is a complete regulation that fully explains the goals of the penal organization, the cases handled by this organization, as well as the way to follow up these cases by the lawyer complaining about governmental punishments. In different sections of this regulation, you can get complete information about the government penal organization and its performance.