"Oral order" of the judicial authority to the judicial officials; From minimum prescription to maximum use

Document Type : Research Paper

Authors

1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Associate Professor, Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran

Abstract

In principle, preliminary investigations and judicial orders in this regard are written, which have various foundations such as the transparency of the order, the clarity of the duty of the bailiff, and the ability to rely on the issuer of the order. However, Article 34 of the Criminal Procedure Code has prescribed the issuance of an oral order by the judicial authority to bailiffs in specific cases and circumstances and as an exception. Considering that the above-mentioned article allows the issuance of verbal orders only in urgent and necessary cases, the present article tries to find the answer to the question of what is the scope, conditions and manner of documenting this order in a descriptive-analytical way and by using library tools. What are the problems and challenges faced by the issuing authority and the executing officer and what are the solutions for them.

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Main Subjects

References

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Criminal Law Research
Volume 17, Issue 2 - Serial Number 34
Papers
November 2026
Pages 25-40

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