Legislative Deficiencies of the Effective Jury in Iran's Legal System

Unfortunately the Jury’s role has been appeared insignificant in the Iranian legal system yet despite that it has a long and more than one hundred years of experience in this system. Also, the Jury’s competence is too limited to deal with political and press crimes as well as it is uncertain whether the Jury can exercise jurisdiction over making decision on negative political offences- the government’s crimes or its officials against the citizens’ fundamental rights– under the late-stalled Act on political crimes (2016). Furthermore, members of the Jury is chosen by the government rather than the people (the public will) as well as judicial procedures for the Jury’s advisory or mandatory opinions have been changeable or chaotic in different eras. Although the Jury’s Act on how to choose members and composition of the Jury enacted in 2003 could be taken the progressive step to remove some pitfalls of the previous regulations (on how to choose the number and composition of the jury), but it was abolished under the Act on the Jury’s assignment of the press which was ratified in 2008. This paper criticizes some Jury’s approvals as well as reveals that the consequences of such aimless criminal policy are taken into account as an institution that its judicial deficiencies must be considerably identified. Finally, the article proposes appropriate solutions in a bid to overcome (such problems) or mitigate unneglectable barriers.