Legal Status, Foundation and Structure of the Legal Department of the Judiciary

The importance and necessity of research on the role of the legal department of the judiciary in determining the punishment stem from the position of the legal department as a guiding source available to judges under the conditions under testing and ambiguous laws. Advisory theories, or the same answer to queries, have a special place among judges and prosecutors as they are conducted in a legal process by experienced judges with long judicial records. Also, since many judges are in the early years after recruitment and are still not sufficiently experienced
in judicial work, they have good view for the opinions of the legal department of the judiciary and apply them in a practical manner. This is while the advisory opinions of the Judiciary's legal department are not considered due to respect for the principle of the independence of the obligatory judiciary. In addition, the status and duty of the legal department are not solving the problems related to judicial decision-making as a case. This kind of attitude to the position of the legal department will undermine the status of this institution. In any case, as the number
of inquiries is higher, applying the administration's theories becomes more; on the other hand, with the adoption of the Islamic Penal Code in 2013, the most significant developments in the field of punishment have been created and this change substantially reduced the reference to academic resources related to the judicial determination of punishment, and subsequently reference to the guidance theories of the legal department and bureau to resolve the challenges and legal ambiguities became more prominent.