Legal group
#judicial_session
If the testimony of the witnesses is in conflict with the written documents, the testimony is invalid. If the testimony of the witnesses is in conflict with the written documents, the testimony is invalid.
https://telegram.me/joinchat/BqiugD-Hys0049O56L9bCg
According to the reporter of the legal and judicial group of Mizan News Agency, a vote review meeting was held on the topic of “Conflict of witness testimony with written documents” at the Judiciary Research Institute.
The summary of the case is as follows:
Primary vote:
According to the indictment of Tehran District 3 Prosecutor’s Office, Mr. F. L. With the representation of Mr. R. M. Azad, 29 years old, is on bail and has a record of previous arrests. He is accused of issuing a bad check.
The subject of the complaint:
Mr. M. Sh. To be represented by the company A. The court, taking into account the comprehensiveness of the documents and the contents of the case and examining the statements of the witnesses collected from the accused, indicating the issuance of a check with a promissory note, and considering the lack of convincing the court in the fulfillment of the elements of the offense of issuing a check out of place, using paragraph “e” of Article 13 of the Issuance Law Amended check approved on 2/6/2018 and paragraph A.
Article 177 of the Law of Procedure of General and Revolutionary Courts in Criminal Matters and in accordance with Article 37 of the Constitution issues and announces the acquittal of the accused. The decision issued in person and within twenty days of notification will be appealable in the appeal courts of Tehran province. Head of Branch 1027 of Tehran General Criminal Court
Judgment of the Court of Appeal:
Regarding the objection of Mr. M. Sh. To be represented by the company A. Regarding the decree issued by Branch 1027 of the General Criminal Court of Tehran, according to which Mr. F. L. Son of H. The appellant company has been acquitted of the charge of issuing a bad check.
Considering the contents of the file and the bill of objection of the appellant’s lawyer and the fact that the appellant referred to the report of the meeting that he presented regarding the guarantee of the complained check and stated that he had a meeting with the complainant regarding the financial dispute and the check was given as a guarantee. .
While there are several contradictions regarding his claim and witness testimony:
1- The defendant and his witnesses, as described on pages 74, 76, 78, and 86 of the case, have all stated that they attended a meeting at the plaintiff’s company on 29/8/91, and minutes were drawn up and a check was given for guaranteeing the debt. is
2- The contents of the meeting minutes presented indicate that a meeting was held in the office of the accused on 29/8/91 (the date claimed by the accused and his witnesses).
3- In the minutes of the meeting, there is no mention of the fact that the check was given as a guarantee. Rather, it is stated in the meeting minutes that if the debt is not paid by 9/7/91, another meeting will be held for negotiation.
It is noted that the statements and claims of the accused and his witnesses are recorded in the minutes signed by the accused and one of the witnesses, Mr. A. Z. It is completely contradictory and the testimony of witnesses in conflict with the written document is worthless;
Therefore, in view of the above, the court accepted the objection and confirmed the occurrence of the offense, based on paragraph 4 of Article 257 of the Law on Procedures of General Courts and the Revolution in Criminal Matters and Articles 3 and 7 of the Law on Issuing Checks and its Amendments, in violation of the petition filed by Mr. F.L. Son of H. sentenced to two years of imprisonment and two years of deprivation from having a check book for the charge of issuing the aforementioned check.
The decision is final.
Head of Branch 21 of the Court of Appeal of Tehran Province. Court advisor
Stay up to date with Legal Group
https://telegram.me/joinchat/BqiugD-Hys0049O56L9bCg
This post is written by erfani777