The Legal Status and Scope of Jurisdiction of the Judiciary in Investigating Family Petty Offenses

According to the Articles 159 and 36 of the Constitution of the Islamic republic of Iran, sentence to punishment and its execution is solely possible by the decision of a competent court and also, the official authority for complaints and appeals is the judiciary. Family crimes are also subject to this rule. The question is whether the legislature has delegated this task to the judiciary in general, or the inability to achieve practical justice can justify the deviation from this feature in family petty and insignificant crimes. This article is done through a descriptive- analytical research based on the documentary library method. This paper strives to explain the nature of petty and minor offenses in accordance with the constitution of the Islamic republic of Iran and the primary laws and then, the effects and consequences of these offenses are examined. The Findings indicate that explaining the quiddity of the petty and minor crimes is the first step in determining the jurisdiction of non-judicial authorities in dealing with these crimes. However, there is no clear definition and apparent indices regarding minor offenses in the mainstream legal instruments. In addition, the existence of non-judicial institutions alongside the judiciary to deal with petty crimes is not inconsistent with the Articles 36 and 159 of the Constitution; because these institutions are complementary to the judiciary and serve in line with the purposes of this branch and reduce the harms caused by numerous criminal cases especially regarding family sphere.