Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Comparative study of judicial structure of Iranian and Turkish courts

Document Type : Review Article

Authors
Navid Sahraei 1
Monireh Rahimi kaldanlou 2
1 Master of Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Central Tehran Branch. (Corresponding Author)
2 Legal trainee, judicial science expert, Faculty of Law, Islamic Azad University, Urmia branch.
Abstract
Iran's judiciary is an independent authority that supports individual and social rights and is responsible for realizing justice in the country. The head of the judiciary in Iran is appointed by the leadership for a period of five years, who must have special conditions according to the constitution. After the victory of the Islamic revolution in 1357, Iran's judicial system changed a lot, so that now Iran's legal laws are based on Islamic laws. Islamic law has been established, the entire legal system of Iran from the Supreme Court to regional courts and local and revolutionary courts is under the authority of the Ministry of Justice, but in addition to the Minister of Justice and the President of the Supreme Court, there is a person as the head of the judiciary. But on the other hand, Turkey has accepted the legal system (civil law) and replaced the Ottoman laws and sharia courts, the civil law was approved in this country in 1926, which is based on the Swiss civil law in 1907 and the Swiss law of obligations in It dates back to 1911, although this law underwent changes in 2002, but it has retained much of the basis of the original law, in general, the Turkish Penal Code, which was originally based on the Italian Penal Code, was amended in 2005 with laws with similar principles to the law. German penal law was replaced, and the country's administrative law is based on procedural laws, which generally reflect the direct influence of the Swiss, German and French legal systems on the country's laws.
Keywords
The judicial structure of the courts
the judicial system of Iran
the system of the Turkish courts
Subjects
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  • Receive Date 19 April 2023
  • Accept Date 27 April 2023