Governing Principles for the Adjudication of Violations by Individuals in the Central Bank Law (Ratified 2023) and the Executive Regulation of Note 2 of Article 44 of the Monetary and Banking Law

Document Type : Original Article

Author

Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran. Email: a_mirkamali@sbu.ac.ir.

10.48308/eclr.2026.241904.1204
Abstract
Judicial policymakers in any legal system must consistently consider the rights of individuals and society in all adjudication processes. Securing the interests of individuals and safeguarding the interests of society are possible only by adhering to the criteria of fair trial. Therefore, identifying and observing the principles of fair trial are essential. Consequently, principles such as the presumption of innocence, the principle of legality in adjudication, the principle of transparency, the principle of adversarial proceeding (audi alteram partem), the principle of impartiality, and the protection of defense rights in the trial process are of paramount importance. These criteria for a fair trial are initially codified in the Constitution and subsequently in the Code of Criminal Procedure. This research examines the observance of each of these fair trial principles in the process of adjudicating the violations committed by regulated entities by the Disciplinary Boards of the Central Bank. It also investigates how each of these principles is addressed in the Law of the Central Bank of the Islamic Republic of Iran, alongside a review of the historical background of these principles in the Executive Regulation of Note 2 of Article 44 of the Monetary and Banking Law of the country.

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References:

Books

1.  Ashouri, Mohammad, An Examination of the Concepts of Justice and Fairness from the Perspective of the European Convention on Human Rights: Concepts of Equality, Fairness, and Justice, Tehran: Gerayesh Publishing, 2004. (in Persian)
2.  Ashouri, Mohammad, Criminal Justice (Collection of Articles), Tehran: Ganj Danesh Publishing, 1997. (in Persian)
3.  Fazaeli, Mostafa, Fair Trial in International Criminal Proceedings, Tehran: Shahr-e-Danesh Publishing, 1st Edition, 2008. (in Persian)
4.  Goldoust Juybari, Rajab, Criminal Procedure, Tehran: Jungle Publishing, 2022. (in Persian)
5.  Hadavand, Mehdi, and Moslem Aghaei Toq, Administrative Special Courts in Light of the Principles and Procedures of Fair Trial (Iranian Law and Comparative Study), Tehran: Khorsandi Publishing, 1st Edition, 2011 (in Persian)
6.  Hashemi, Seyed Mohammad, The Constitutional Law of the Islamic Republic of Iran, Vol. 2. Tehran: Mizan Publications, 9th Edition, 2004. (in Persian)
7.  Khaleghi, Ali, Notes on the Code of Criminal Procedure, Tehran: Shahr-e-Danesh Publishing, 22nd Edition, 2023. (in Persian)
8.  Khaleghi, Ali, Two-Volume Course on Criminal Procedure, Tehran: Shahr-e-Danesh Publishing, 42nd Edition, 2020. (in Persian)
9.  Khezani, Manouchehr, Criminal Procedure, Tehran: Ganj Danesh Publishing, 1998. (in Persian)
10.  Mirmohammad Sadeghi, Hossein, General Criminal Law (1) – The Criminal Phenomenon, Tehran: Dadgostar Publishing, 5th Edition, 2019. (in Persian)
11.  Omidi, Jalil, and Mohammad Ashouri. The Defendant’s Right to Defense, Criminal Sciences (Collection of Articles). Tehran: SAMT Publishing, 2004. (in Persian)
12.  Shamloo, Baqer, The Presumption of Innocence in Modern Judicial Systems, Criminal Sciences (Collection of Articles in Honor of Dr. Mohammad Ashouri), Tehran: SAMT Publishing, 1st Edition, 2004. (in Persian)
13.  Shams, Abdollah. Civil Procedure Law, Vol. 2. Tehran: Derak Publications, 43rd Edition, Autumn 2019. (in Persian)

Articles

14.  Ashouri, Mohammad, and Rouhollah Sepehri. “A Comparative Study of Police Custody in the Criminal Procedure of Iran and France.” Criminal Law Doctrines, Vol. 10, No. 6,2014, pp. 3–32. (in Persian)
15.  Mirkamali, Seyed Alireza, “The Defendant’s Access to Counsel in the Pre-Trial Stage in the Legal Systems of Iran and France.” Legal Research Quarterly, Vol. 25, Special Issue on Advocacy Standards, 2023, pp. 95–117. (in Persian) 10.52547/jlr.2023.228947.2329

Theses

16.  Ghanbari, Homeira, The Presumption of Innocence and the Presumption of Guilt, Master’s Thesis, Shahid Beheshti University, 2002. (in Persian)
17.  Shafi’zadeh, Toheed, A Study of Herbert Packer’s Dual Models of Criminal Justice, with Emphasis on Evaluating Iran’s Criminal Justice in Light of These Models, Master’s Thesis, Shahid Beheshti University, 2013. (in Persian)

Research Reports

18.  Azizznejad, Samad, Mousa Shahbazi Ghiyasi, and Seyed Ali Rouhani, “Pathology of the Iranian Banking System”, Research Report of the Iranian Parliament Research Center, Deputy of Economic Research, Summer 2019. (in Persian)
19.  Jamour, Mohammad, “Pathology and Proposed Reforms Regarding the Executive Bylaw of Note 2, Article 44 of the Monetary and Banking Law: The Issue of the Banks’ Disciplinary Board”,Research Report of the Iranian Parliament Research Center, Office of Economic Studies, No. 22018972, 2023. (in Persian)