The Judiciary Law Office between the laws and procedures: A Case Study of Penalty-giving

The legal claim of the Judiciary expert is answering the questions and arguments of the judges where in particular, the role of this institution is responding to criminal cases due to the proven character of the main criminal laws in the post-revolutionary years.The experimental character of the penal laws and successive changes, along with the legislator's wanderings in drawing up a civic policy and a well-designed and uniform form for the judiciary, has led the judges to avoid confronting and accustoming to criminal law, and mostly, they tend to approach as a procedural part of the previous criminal law. In the meantime, the responses from the legal department, which is the law enforcement and procedural link, are beyond the reach of a consultative resource for the prosecutor and, in most cases, it serves as a source of documentation and judgment. The main idea of this article which is apart from the damage and challenges such as the interpretation of the law rather than the problem solving of the case that raises questions. Some items such as lack of expertise in response to some new questions, an attempt respond to the lack of literacy of some of the inquirers, the expression of occasional skinned are conflicting, and there are general responses to office performance. But absorbing suitable forces could lead to more scientific judgments and a strategy for controlling the judiciary in Iran, especially there is a tendency of the judicial system in the world to reduce judicial powers and a priori control. In this regard, the main achievement of this paper is that the performance of the Judiciary's legal department, especially in the field penalty-giving in recent years, is a judicial-academic attempt to establish a link between law and judicial procedures in order to reduce gaps between these two items.