Ability to Appeal the Verdicts Issued on the Subject of Die and Arsh with the Amount of Less than one Tenth of Complete Die, in Crimes Caused by Traffic Accidents

doi:10.22106/jcr.2021.531683.1346

Ability to Appeal the Verdicts Issued on the Subject of Die and Arsh with the Amount of Less than one Tenth of Complete Die, in Crimes Caused by Traffic Accidents

10.22106/jcr.2021.531683.1346

Abstract

According to paragraph B of Article 427 of the Code of Criminal Procedure, in crimes requiring Die or Arsh, if the amount them is less than one tenth of the full Die, the verdict is final. The application of this article also includes crimes resulting from traffic accidents, and apparently the practice of most courts is inclined to consider related verdicts final; Recently, however, some courts, considering the provision of Article 429 of the Code of Criminal Procedure, have considered the verdicts issued on these crimes to be appealable. In this article, while examining each of the two above-mentioned approach in the light of the case law and explaining their reasons, an attempt has been made to introduce a view in accordance with the laws and regulations. According to the results of this study, although in the current legal situation, due to the issuance of conflicting rulings, the issue needs to be resolved by the Supreme Court and the issuance of a unanimous ruling; However, the view of relative uncertainty proposed in this paper can also be considered when issuing a unanimous vote.

Keywords

Enforceable criminal judgment

Appeasable criminal verdicts

Appeasablity

Public aspect of crime

Die less than one tenth