conditions to complain to the judge

conditions to complain to the judge:  If due to negligence or fault of the judge during the hearing of the case and issuing the verdict, there is a loss to the people, this loss must be compensated. In Iran’s legal system, it is also possible to file a complaint against the judge, which means that people who see violations in the performance of judges in the field of handling cases can pursue this matter. In this article, we will examine the method and steps of filing and following up this complaint.

In this section, it is necessary to know that if a criminal offense is committed by a judge, the criminal court of Tehran is competent to hear it, and in the case of legal claims against judges, it will be investigated in the general legal court.

Complain to the judge

Considering the importance of justice, it is logical that judges, like other people, can be pursued legally if they cause harm to others. This issue means a complaint to the judge and is explained based on Article 171 of the Constitution. In this principle, it is stated that if due to the fault or error in the performance of the judge, material or moral damage is caused to people, it is necessary to compensate this damage. Therefore, individuals can file a complaint and file a lawsuit against the judges in the judicial authorities and follow up on the result. These measures are taken in order to maintain justice and guarantee people’s rights.

How to complain to the judge

:Complaining to the judge can be done in the following three ways

۱٫ Judges’ Disciplinary Court: In this method, you can go to the Judges’ Disciplinary Court and submit your complaint in the form of a letter to the authorities. They will then review your complaint and take the necessary steps to address the complaint.

۲٫ Special system: some available governmental or non-governmental organizations and authorities have special electronic systems for complaining to the judge. You can register your complaint through these systems and follow up. These systems allow you to register your complaint online and enter the necessary information.

۳٫ Phone number and text message related to this work: Some judicial authorities may provide you with a phone number or SMS number that you can use to send your complaint. In this method, you provide information about your complaint in writing or verbally and hope that the process of following up and processing your complaint will begin.

By providing these three methods, you can, if necessary, submit your complaint about the performance of judges to the relevant authorities and benefit from your rights in handling and re-pursuing cases.

Complaining to the judge in the Judges Disciplinary Court

A complaint against a judge can be heard in the judges’ disciplinary court based on the following rules:

۱٫ Monitoring the behavior of judges: relevant laws have been established to monitor and evaluate the behavior of judges in courts. If you have a complaint about the behavior of a judge, you can raise this complaint in the Judges Disciplinary Court and the necessary measures will be taken to investigate and deal with it.

۲٫ Monitoring the performance and behavior of court judges: The disciplinary court of judges is responsible for monitoring the performance and behavior of judges in courts. If you have a problem with a judge’s performance in court, you can report this matter to the Judges’ Disciplinary Court to investigate and deal with it.

۳٫ Dealing with disciplinary and occupational violations of judges: If the judge you are complaining about has committed a disciplinary or occupational violation, you can report this matter to the judges’ disciplinary court so that the violation is evaluated and appropriate measures are taken.

In any case, it should be noted that complaints that are not related to the job duties of judges are not dealt with in the prosecutor’s office and the judges’ disciplinary court. In these cases, you should refer to the relevant authorities depending on the type of your complaint.

The system of complaining to the judge

There is a proper system for filing a complaint to file a complaint against a judge and commit a crime or to handle a legal dispute before a judge. This system is known as “Sana system”. By using this system, people can register their complaints about judges and their illegal actions and take the necessary steps to handle and investigate the complaint.

Also, another system has been launched to record public reports about the performance of judges and prosecutors. People who have cases in the courts, investigations or execution of criminal sentences and complain about the judicial performance of the courts, can register their report in this system to be reviewed.

In this way, by using the Sana system and the public reporting system, it is possible to register and track complaints about judges and judicial performance. These systems have been established in order to strengthen transparency, justice and improve the quality of judicial services.

Procedures to complain to the judge

The plaintiff has two options for filing a complaint with the judge. In any case, according to the laws, the judges’ disciplinary court is obliged to follow up the case after receiving the complaint or notification from the competent authorities. There are two options for filing a complaint:

The first way: registering a complaint in the office of monitoring and evaluating the behavior and performance of judges, which is located in the judiciary of the relevant province.

The second way: Refer to the Magistrate’s Court located in Tehran. The address of Judges’ Criminal Prosecutor’s Office in Tehran is 15 Khordad Square, Khayyam St., in front of Arg Mosque, Judiciary Building No. 2.

If the violations are proven in the opinion of the judges’ disciplinary court authorities, the case will be referred to the judges’ disciplinary court for a ruling on the complaint. The Judges Disciplinary Court has the authority to issue judgments about the judge’s violations, as well as investigate the judge’s mistake or fault.

Documents required to complain to the judge

:To complain to the judge, you must use the following documents to support the complaint and prove violations

۱٫ Plaintiff’s identity documents, including plaintiff’s birth certificate and national card.

۲٫ Documents related to the complaint about the fault and mistake of the judge. These documents may include subpoenas, notices or subpoenas issued by the offending judge.

۳٫ All documents and documents that the plaintiff has in his possession and intends to prove the subject of the complaint about disciplinary violations, that is, the individual’s negligence or fault. These documents should be attached to the complaint and examined in the disciplinary court of judges.

In any case, it is best to contact a lawyer or legal advisor before starting the complaint process to get advice on the exact documents you need to collect to file a complaint with the judge.

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