نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Field and Aims: According to Article 161 of the Constitution of the Islamic Republic of Iran and Article 471 of the Criminal Procedure Code of 2013, the Supreme Court holds the authority to issue unifying rulings (Ahkām-e Vahdat-e Ruyeh) with the aim of resolving conflicting judgments, ensuring consistency in the interpretation of laws, and guaranteeing judicial security. These binding rulings for lower courts have evolved beyond mere judicial interpretation, effectively serving as a form of judicial rule-making within the Iranian legal system. This elevates their role in shaping and guiding criminal justice policy in Iran. The purpose of this study is to identify and analyze the main challenges in issuing unifying rulings and to assess their implications for the country’s criminal justice policy.
Method: This research adopts a descriptive-analytical approach. Data were collected and analyzed through a review of laws, regulations, and judicial practices related to the issuance of unifying rulings, in order to examine the structural, normative, and practical challenges of this mechanism.
Findings and Conclusions: The analysis indicates that the issuance of unifying rulings faces challenges such as tension with the principle of separation of powers, expansion of the Supreme Court’s quasi-legislative role, potential conflicts with Sharia and constitutional provisions, difficulties in amending and harmonizing issued rulings, lack of supervisory mechanisms, ambiguity regarding their effective date, and possible contradictions with fundamental principles of criminal law. These challenges demonstrate that, despite their unifying function, such rulings may generate structural and normative tensions within criminal justice policy. Without a review and oversight of the issuance process, Iran’s criminal justice policy risks decreased legitimacy, weakened judicial fairness, and instability. Examining these challenges goes beyond procedural discussion, providing a fundamental analysis of one of the key pillars of Iran’s criminal justice policy.
کلیدواژهها English